>> just a quick correction. it is not frozen yogurt. it is actually vanilla ice cream. jon: have a great weekend. >> america live starts right now. megyn: fox news alert on a major immigration policy change. welcome to america live, everyone, i'm megyn kelly. the department of homeland security announced they will stop deporting young illegal immigrants and will grant them work permits. we're awaiting a statement from president obama. this could be a potential game-changer in the race for the white house. here is how the government is describing the change. homeland security secretary janet napolitano in a conference call earlier today this is quote, not immunity and not amnesty. adding the administration is

not removing the productive young people in the u.s. that are illegal i am my fwranlts. both sides -- immigrants. this will affect one million illegal immigrants in the united states right now. we'll have governor mitt romney's response. we'll be carrying those remarks live right here from the white house. you see the news break and the president comment on them first time right here. moments away. the president may be walking a little happier today after he raked in some big bucks last night during a star-studded campaign fund-raiser in new york city. actually there were two events. they reportedly banked him about 4.5 million bucks for his campaign. among the who's who of attendees, actress sarah jessica parker. she actually hosted one of the events at her home. legendary singer

aretha franklin. oscar winner meryl streep and "vogue" editor, anna win tour. the one that the devil wears prada was based on. the president said they will play a critical role in the election that will determine a vision for our nation's future saying quote, you are the tiebreaker. you are the ultimate arbiter of which direction this country goes. is that the message this campaign really wants to send? joining us now, chris stirewalt our fox news digital politics editor and host of "power play" on foxnews.com. it is fine to say that to the american people to a group of democrats and group of voters but does the president want to say anna win tour, that is the meryl streep character in "the devil wears prada"? that is all, is that the person that this election banks on? she's the future? >> we talked about it before, megyn, from the president's point of view he is absolutely right. he has a very expensive,

very complicated, large-scale re-election effort and he needs their money a lot. he needs a lot of their money especially in the entertainment industry with these folks. the president to pay huge overhead he has for his very, very ambitious re-election campaign, hopes they will be the decider. he hopes their millions of dollars in contributions, 10 of millions, hundreds of millions of dollars in contributions will be the thing that lets him get past mitt romney and into a second term. megyn: is there danger to him? every week now we have a new report of the president rubbing elbows with these celebrities. the george clooney fund-raiser. now at the home of sarah jessica parker. meryl streep, which is interesting meryl streep and anna wintour were there because meryl streep played anna wintour's charter loosely based on is an as t a danger ending time with these hollywood elite. i don't think the average american can relate to them

and sending they are the ultimate arbiter for the election? >> this goes back to the 2008, that is is the celebrity president. he is not a man of the people but instead operates in a bubble and certainly the president does spend a lot of time in places like beverly hills and manhattan and certainly with these kinds of folks. as the president continues to keep up this blistering fund-raising pace, in order to finance this campaign he opens the door for mitt romney and republicans to make the celebrity argument against him he is in a bubble and is out of touch. megyn: does it matter? last time around john mccain tried to paint barack obama as the biggest celebrity in the world. remember that campaign ad? look how that worked out? >> that was effective. if you look at trajectory of the race that was starting to stick to then senator obama but when the bottom fell out of the economy and panic of 2008 struck, it wiped the slate clean. we don't know what would have happened going out of that. for republicans especially

give the fact that mitt romney comes from pretty rarefied air himself their goal is to make president obama somebody out of touch with concerns of blue-collar voters. the people that mitt romney is trying to reach out to, heartland voters in the rust belt. i may be from a different place than you i get you. president obama is running around with the lady from "vogue". megyn: the lady from "vogue". the other thing though is, maybe anna wintour is in different category if she based as she was portrayed she would be in a different category. i don't know if she is the one you want as your main backer. that is me editorializing. but sarah jessica parker, mariah carey, these folks have a lot of fans. maybe actually it will help. maybe their fans will say, i like them. and therefore meryl streep, i mean, gosh is like the most famous respected actress in america. maybe this could really help president obama as, being seen as having her support? >> probably unlikely.

celebrity endorsements don't do that much. i should stipulate, megyn. i have not seen "the devil wears prada". megyn: what. >> i'm sorry i have not seen it. megyn: crazy talk. >> does sound like somebody you don't want to get on the wrong side of. i will definitely not say anything bad about her. as for the others, celebrity endorsements over time proven this, it does not bring their popular culture support to you. president obama had a great one with oprah in 2008. she was a very effective surrogate and very effective endorser for him. that was her brand. that was a whole thing. megyn: chris, there were questions about whether she hurt her brand. do the actors run a risk in getting political of hurting their own brands? i'm sure the democrats love it but the republicans might not. >> as long as you stay on the blue team's side i think there is probably very little risk in hollywood to getting political. you see with clooney and others, these actresses. there is very little downside from professional point of view. if you take it to far as oprah did, you can pay the

price. megyn: did you see sex in the city? >> no, ma'am. megyn: what? >> i'm holding my line. megyn: did you see, ""sophie's choice"". >> oh, sure. megyn: anything with those actresses? >> those actresses but "sex and the city" and the definitely wears prada. megyn: anybody would enjoy "the devil wears prada". high fiction. sure pure fix shun, miss wintour. thanks, chris. >> you bet. megyn: mitt romney taking aim at president obama's energy policies when it comes to america's coal country. >> he will talk about how he will give a boost to energy. but talk to the people in the coal industry and ask whether his regulations have helped them mine coal? and what they will tell you is on almost every front he made it harder to get coal from the ground. megyn: pennsylvania is just one swing state where coal is big business and washington county is literally built on it. it sits on top of massive shale and natural gas

reserves. with energy the top issue for many washington county voters, sent our own bill hemmer there to see where people stand as part of our listening to voters, counties that count series. hey there, bill. why washington county? what did you see, what did you find. >> i saw "the devil wears prada" by the way. megyn: who hasn't. what is wrong with stirewalt? it does. >> washington county, the last time this county voted republican megyn was when? megyn: you tell me? >> 1972 and richard nixon. so 40 years they have been on the democratic side of the ledger until 2008 when they voted for john mccain over barack obama. this is rural america. unemployment there is decent, 6.7% when you compare it to the rest of the country. when we went there, megyn, we found that the issue in washington county is energy. just as you mentioned right there, whether it is coal or whether it is what you see right now, which is the process of fracking, you see that red and white machine there, that literally drills

9,000 feet down to the marcellus shale. and it pulls up natural gas and oil. and it's been a huge boom to the economy there locally. so we went to washington county because it literally sits in the middle of the marcellus shale which runs from new york down to pennsylvania, west virgina and ohio and the very heart of that shale is washington county. so, we wanted to see how folks were feeling right now about the election. and we went to the farmers market. here's a quick sample. have a listen here. >> well i know who i'm not voting for. i'm not voting for obama. i don't, personally don't trust him much farther than i can see him. >> one thing i would like to see, i don't care who is president, congress and the senate better do their job. we wouldn't be in these conditions we're in today if congress did its job. >> so the issue about congress there is, it comes up in the conversation quite a bit. democrats in that county will tell you they do not trust republicans because of

fracking. because of their policies on the environment. but, when it was obama-being mccain in 2008, it flipped roles. after the moment our fox polling in rural america right now has mitt romney leading barack obama by 20 points. almost a wipeout at the moment. and what romney will try and do in november, megyn, is drive up the numbers in the rural parts of america to counteract the votes that barack obama will get in the cities. watch that storyline. megyn: in the cities from hosts like sarah jessica parker who was in "sex and the city.". another movie i'm sure you mean. does word fracking make you uncomfortable. >> i'm quite comfortable. megyn: i don't know whenever i say it on the air i'm uncomfortable. why did they move you to studio. >> keep us 12 floors apart. megyn: did we misbehave last name. >> you stay in line i will try to do the same. megyn: see you later. >> later.

megyn: a can't-miss focus group about the economy which is the number one issue for the voters. what did the panel see about the speeches from president obama and governor romney we showed you right here. here is a sneak-peek. >> when people realize they look at mitt romney challenge looks like a guy when you type in president in a stock photo looks like romney. look at his record in governor of massachusetts they were 47th out of 50 in job growth. >> that all depends which record you're looking at. >> we make up numbers. [all talking at once]. >> we'll see the mojo in the debates. this is one speech of many. >> we've been waiting. megyn: more fireworks. more heated debate and who they felt had the right message yesterday. that is a little later in the show. president obama says it typically takes up to 10 years for economies to recover from a crisis like the one we have faced. can the backbone of america, small business, survive that long? we'll take a look at new report that is causing some

new concerns today. new information on a bizarre beltway sighting this weekend. a bird, a plane, a ufo? the mystery is finally solved. plus very strong reaction pouring in on the obama administration's new immigration policy. the president is expected to address this change in moments. we will have his comments live right here. plus debate on whether the white house has the right to do this. >> we are doing everything we can administratively, but, the fact of the matter is there are laws on the books that i have to enforce and i think, there has been, a great disservice done to the cause of getting the d.r.e.a.m. act passed and comprehensive immigration passed by perpetrating the notion that somehow by myself i can go and do these things. it is just not true. [ male announcer ] this is anna, her long day teaching the perfect swing

begins with back pain and a choice. take advil, and maybe have to take up to four in a day. or take aleve, which can relieve pain all day with just two pills. good eye. [ 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. refreshing nutrition in charge!

megyn: fox news alert. we are awaiting president obama's comments on a major immigration policy announcement put out by the department of homeland security. dhs officials announcing that the united states will no longer deport young illegal immigrants and will instead grant them work permits. critics already suggesting this is amnesty and asking why the white house would make such changes without approval from congress? keep in mind the president tried to get certain items with respect to illegal immigration through congress. he hasn't been successful. he said in the past he is not king. he can't do it all himself. so already some questioning whether he allowed to do what he did today. this divisive issue will take center stage on the campaign trail when they talk about illegal immigration as we are awaiting for the president's remarks scheduled for 1:15. he is running a little late. we'll bring them to you. >> this was not your formal

recession. throughout history in a typically taken countries up to 10 years to recover from financial crises of this magnitude. today the economy in many european countries still around growing. megyn: president obama yesterday saying it typically takes countries 10 years to recover from a recession like the one we've been in. meantime a new survey reveals many small business owners can not wait that long. they're already going to extremeses just to stay afloat. more than half, 54% of small business owners say they have gone without a paycheck in order to keep their businesses running. and nearly a quarter of respondents say they have gone without pay for a year or more. matt mccaul, president of penn financial group which itself a small business. >> exactly. megyn: are you telling me these business owners have gone without any pay? citigroup survey shows 22% have gone more than a year

without pate. what does that mean, matt? >> it means when i started my company nine years ago i started out of the bedroom of my house. i didn't taxpayer. every dollar i main to keep it afloat or pay the bills. took loans to pay the bills to get by every day. i can see basically one quarter of small business owners are in the situation i was once in. i get the question all the time, probably twice a day, megyn, how is business doing? normally years, it is great. businesses are flourishing. over last year-and-a-half business is good. i'm working more hours every week i feel than i did the prior week. it is tough to bring on the next employee because of health care costs and everything else. i don't know the regulations especially in the finance industry that i'm in. better for me as businessman to go out there to work harder at it. we're seeing not with me in the finance industry but anybody that sells wigits or services. they're working longer hours because they can not afford to bring in an extra employee. megyn: talk about consumer confidence having gone down

again. it went down in april. it went down in may. the index now stands at 64.9. in february, it was at 71.6. we've seen a pretty steady decline since february, which you know, tell me, matt, seems to mirror what we've seen on jobs creation front in terms of the fall. as the job creation number goes down, consumer confidence goes down, small businesses get hurt. because people don't have confidence they don't want to go out and spend. they don't want to hire matt mechanical. they want to put their money in the mattress. >> if small business isn't hiring more people out of work. more people out of work higher unemployment. it may not be you or i but a neighbor or cousin we know. you lose confidence in the economy. you may be making more money than last year. your confidence going forward in the future of this country is falling you are spending less. the less you spend, the less need there is for me to hire somebody because my goods and services that i sell the

demand is not there. the only way i'm going to hire somebody if there is more demand for my goods and services. and with confidence falling to the lowest level since december, the number that came out today, that tell me we're going into the exact on sit direction. megyn: the speeches from president and governor romney, you heard governor romney talk about the some of the issues obama kiar which he says hobbled small businesses and dodd-frank, regulate them to the point they don't know. tax races we're looking at end of this year under president obama makes people like you say i don't know what the tax burden will be. i don't want to expend more money hiring people because i will have to give it to uncle sam. that is mitt romney's version of it. president obama says we have to put more teachers, firefighters, police officers back to work in a public sector by helping bailout whatever word you want to use, these municipal governments. those guys will go out and they will spend money and that will help the private sector people like you? >> i get that point. but the problem is, for the

last few recessions that we've had, governments have tried, not only here in the u.s. but around the world, have tried to basically create jobs. government creating jobs. that is what obama is talking about, public sector jobs, not private sector. megyn: right. >> the government is never in the business of creating long-term sustainable jobs. that's why stimulus packages don't work. they work in the short term the influx of money into the economy people spend it. creating fire, police, teachers. you can't keep pay for that. who will keep paying for it? the government? states, most of them underwater. they can't pay for that either. what happens, megyn you have to raise taxes eventually. that ends up hurting you and i, the people in the private sector. then the private sector lays people off. it is not a long-term solution. again it sounds great. i hate saying don't hire the fire or policemen. megyn: right. >> the problem is, it doesn't help. megyn: they need to look to their state governments that have gotten them in the fine messes in many cases. matt, thank you. >> thank you. megyn: dramatic change in u.s. immigration policy.

the administration set to relax rules for young illegal immigrants. it is already getting a lot of attention on capitol hill and the campaign trail. does the president has the right to do it? he himself cast doubt on it before. we'll talk about it. [ male announcer ] let's say you need to take care of legal matters. wouldn't it be nice if there was an easier, less-expensive option than using a traditionalawyer? well, legalzoom came up with a better way. we took the best of the old and combined it with modern technology. together, you get quality services on your terms with total customer support. legalzoom documents are accepted in all 50 states, and they're backed by a 100% satisfaction guarantee. so, go to legalzoom.com today and see for yourself. it's law that just makes sense.

megyn: fox news alert. breaking news in the nationwide manhunt for a new york trauma surgeon accused of fatally shooting his ex-girlfriend. buffalo police tell fox news they believe they have found the body of dr. timothy jorden near his home in buffalo. trace gal gallagher has the breaking news. >> reporter: the body was found in heavy brush not far from the home of dr. timothy jorden. this would back up the statement given by unone of the neighbors wednesday morning he said hour and a half after the shooting at the hospital that killed

jacqueline wisniewski he heard a gunshot outside the lakefront home of dr. jordan. keep in mind authorities were calling all over dr. jorden's house and scouring the area. they found nothing. we're being told they have in fact bound a body in the deep brush. buffalo police say it is that of dr. timothy jorden. keep in mind that is kind of odd because this thing appeared to be a very well-planned escape. he lost 75 pounds. grew a beard, altering his identity. in the days before the shooting he took out $30,000 and gave unusual gifts to a lot of his friends. apparently arranged for a secret getaway car. this is also interesting in this case because an off-duty buffalo police officer is now being investigated because he was seen on the morning of the shooting coming out of dr. jorden's home and was carrying $5,000 as well as a rolex watch. that police officer says he was simply checking on a very old friend of his because he was concerned

about him. but he is in fact being investigated. so now the person who is believed to have killed 33-year-old jack lynn wisniewski, the body has been found on the property they do believe. they believe it is the body of dr. timothy jorden. megyn: what a story. trace, thank you. >> reporter: okay. megyn: 1:27 here in the east. we're keeping an eye on the white house rose garden where president obama was supposed to 10 minutes ago start his remarks about his decision to quote, relax deportation rules for young illegal immigrants. now his critics are saying this is essentially an executive order that, that puts into effect the so-called d.r.e.a.m. act which congress refused to pass. so does president obama have the right to do this? even if you support what he is doing, does he have the right or must he go through the congress on something like this? we'll listen to him when he comes to the microphones. we'll have a fair and balanced debate on that question. plus the supreme court is set to rules in days on the president's health care law but what do drs really

think about this? we have rather shocking new numbers on what huge numbers of doctors say they will do if the law remains in place. plus a family of five killed in a multivehicle car crash. investigators say the driver who caused it suffered a seizure just before slamming into that family. now prosecutors say she never should have been behind the wheel in the first place. "kelly's court" takes up the case. >> the defense talks about this diagnosis. i would again submit to you, it is difficult to get a diagnosis if you don't report it to your doctor. it's difficult to get treatment if you don't seek your doctor out to tell them what's wrong.

another cup of coffee? how long is this one going to last? forty-five minutes? an hour? well... listen. 5-hour energy lasts a whole lot of hours. take one in the afternoon, and you'll feel alert and energized 'til the cows come home. it's packed with b-vitamins and nutrients to make it last. so what's it going to be, partner? 5-hour energy. wise choice. 5-hour energy. hours and hours of energy.

megyn: dramatic development in the fight over illegal immigration. president obama is expected to speak any moment now about his administration's plan to relax deportation rules for young illegal immigrants. under the new policy the president is putting in place some of these illegal immigrants will be granted work permits. this is a major shift in policy that could have a big impact on the upcoming election. already some suggesting that is exactly why he is doing it. the ap putting that in this

report today. of course he will potentially secure the support of some hispanic voters in key swing states. it happens one week in advance of a major address he is giving to key latino groups. joining me to discuss it, david webb, the host of the david webb show on sirius xm patriot and cofounder of tea party 365. alan colmes of the -- >> brought his own computer. megyn: he has crib notes. >> i have a pad. we're ready to go. megyn: this is the president's, is this only applies to people who are younger, who were brought here by their parents. they didn't consciously make the decision to come across the border illegally. but they are illegal immigrants. essentially they get a pass from the administration. you tell me, david, whether this is the president saying, i'm passing part of the d.r.e.a.m. act whether congress allows me to or not? >> it absolutely is. we have two props that exist. we have current problems 800,000 or so estimated illegals brought here by

their parents through no fault of their own. megyn: who will be affected. >> there is possibility that makes sense to a path of legalization. the problem then how do we consider them as anchors? do they anchor and bring in more family members? the d.r.e.a.m. act sought to basically open the floodgates on that. that then becomes having effect on the economy and on the united states overall. then we have at future problem potentially if this is done the way the president believes and has said, i will go by what he has said, what the left has said, then they will open the door to basically open boards thing. that will create future problem of more illegals because it is a magnet. i'm saying there are two scenarios here. megyn: there has been the argument from those who oppose this kind of thing if you give a pass to a large group of illegal immigrants even if it is children that encouragement for more illegal immigration. >> this is slippery slope. these are children who no fault of their own came to the country. they didn't choose to be in

the womb happened to be there. you want to punish people who through no fault of their own [all talking at once] >> maybe begin, hear is the thing that is emotional argument. hear is the reality, regardless whether they were brought here through no fault of their own doesn't change the problem of illegal immigration. doesn't change the fact they're part of the crime that was committed if you will. and there are other problems, the solution not just amnesty. megyn: what of a family that is down in mexico right now, a husband and wife has two young kids and they say, we don't care about us, mom and dad. we care about getting our kids in the united states. >> come on over. megyn: get them educated there. they see this kind of thing as a green light for their children to have better future in the united states. >> according to cato institute, libertarian think tank, more people are leaving mexico. net loss to this country than coming in. this is manufactured problem. megyn: there are age limits. >> this president has done a

very good job as george w. bush last two years of administration in deportation and stopping people at border. this is becoming less and less of an issue. why not have people who indeed they're going to be here. they're not going back. we're not throwing people out of the country and want them educated. >> hear is the other question raised by this. we can all agree. this is a question whether he can do this appropriately because even if everything you just said is right and we want -- >> which of course it is. megyn: of course. we want to be humane, right, these are kids, can he do this? because here's the president not long ago trying to say to those who are criticizing him for not pushing harder on the d.r.e.a.m. act and things like it, i'm not king. listen to him here. >> yeah. >> we are doing everything we can administratively but the fact of the matter is there are laws on the books that i have to enforce and i think there's been a great disservice done to the cause

of getting the d.r.e.a.m. act passed and getting comprehensive immigration passed by perpetrating the notion that somehow by myself i can two and do these things. it is just not true. >> here we have it. we have the left that often argues imperial presidency. where we have a president who apparently forgot we have coequal branches government. megyn: he tried to get the d.r.e.a.m. act through congress. >> congress speaks for people. congress represents. that's why we have elections. coequal branches of government we have a process in place for the president to go to congress. if congress agrees with the legislation, they represent the people of the united states that is the u.s. constitution. the constitution does not provide for amnesty. it does not provide for this. it provides for --. megyn: that presses buttons that you don't even need to press. the question is whether he, there he is saying i can't,

i can't do it. there are coequal branches. >> then he does it. >> i have to look at u.s. code and to give you a legal answer or go up to napolitano's office. we also know that jan brewer in arizona can't decide to do what the federal government according to the constitution is entrust to do. megyn: stay focused on this. do you believe that he -- >> i can not give you a legal answer to that question. i do not know. megyn: politically see a problem for him what he just said right there. >> i don't know about political but he is doing the right thing. he empowering people. megyn: what happened i can't do it. >> there are certain things he can do and can't do. the question can he allow people to come in already here. he is not --. megyn: is this a naked political move? this is the ap reporting about that. >> backers will say that. megyn: this is ap talking about this. the step comes one week before he plans to address the national association of latino elected and appointed

officials annual conference in orlando. mitt romney also expected to talk to that group. and they talk about how this is an election-year initiative that address as top priority of an influential latino electorate. is that what this is about. >> this is a president who is in reelect shun mode. insert group. gays and gay marriage. that was nice play going forward to the fund-raisers in hollywood. the war, so-called women's issues. only care about reproductive rights only cares about issues around woman this president place to everything he needs. that is political politics and a naked play. other side, late teens knows hispanic a broader group in this country are legal who also have issues with this because they're here legally. look at fact, 800,000 if they can anchor and bring others in? what do they become? how will they work their way into our society which has economic effect and frankly affects jobs. megyn: i have to run. assume it is nakedly political. will it work?

is it a good move? >> people who will be empowered not be ones voting between now and next november. so --. megyn: but latino vote. latino voters they may like this, alan. this is a shrewd move to put mitt romney on the defensive. >> very good move. the latino population is important and ever growing population and one ignored by republicans. >> this problem extend to all groups that come here illegally. so play to the for the votes. megyn: latino vote is important. >> these are not people who came illegally. came through no fault of their own. >> they are here illegally. >> they didn't break the law. megyn: let you leave it at that. thank you. we're awaiting the white house right now. we're told the president is coming to the microphone shortly. we expect to have his remarks live. we'll hear how he phrases it. what nuances in the remarks and how he characterizes the new policy. we hope to have that before you right after this break wake up!

that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8.

megyn: fox news alert. we're watching the white house rose garden where the president is expected to come out to the microphones in moments and comment personally on this major immigration policy change. you heard alan and david tee up the political controversy around it moments ago. the department of homeland security announced the policy earlier saying it will no longer deport some illegal immigrants, about 800,000 in total. it will instead grant them work permits. it is a program we're told will not lead towards citizenship but it will remove the threat of deportation. already some are coming forward calling this amnesty. saying the president may not have the ability to do this. that is a sidestep around congress. we are not yet within the two minute warning. as soon as we are. we will go back to the white house. you will not necessary it. we'll take you live in moments. first this. u.s. supreme court is preparing to make its decision on president obama's health care law. the odds are they have made

the decision. the decision is probably written and probably just tweaking it right now. they know what we don't know. a new study is out today and it raises new concerns about the unintended consequences of that law. the dr. patient medical association found 3% of doctors say they think of quitting medicine if the law is fully implemented. 90% say they feel america's medical system is on the wrong track. 70% believe the single best way to fix the situation is reduce the size of government. joining me, dr. marc siegel, fox news medical a-team. we have a stan, who is former health care executive. author of a book called medical malpractice. how politicians made a mess of health care reform. dr. siegel, 83% say they may quit medicine if obamacare remains in place. come on. >> i don't know truthfully whether they will be able to quit or not. some are trapped. when you think of somebody taking care of you or taking your blood pressure or

operating on you, you don't want this kind of survey of doctor miscontent. i do my own surveys every day. they're unhappy. they're seeing too many patients. >> quit medicine all together after time and effort they put into it. ego associated with being a doctor. is this real or is this a thread to express unhappiness with the law. >> it is real but not going to actually happen to this extent because doctors are trapped. they can't quit because the reason you said, they're down the pike too far along with specific training they have. they don't know how to do anything. they don't they how to do anything else. they're seeing too many patients in too short a time. the other thing in the survey they said the doctor/patient isn't what they want. you can't have a satisfying doctor/patient relationship in six minutes. let let's face it that's where doctors are going these days. megyn: you are a hospital ceo. expert in the field. when you talk to doctors do they like the law? >> of course there is a great deal of anger and

resentment and fear in the law. i think dr. siegel is absolutely correct. the idea that 80% of physicians will quit medicine simply because of the law is i think a bit of a stretch. you know, the fact is is that if you look at the survey itself only 4% of the physicians surveyed responded. and of that 4%, more than 50% were practicing medicine more than 20 years. only 8% practiced medicine less than 10 years. so we're talking with an older group of physicians who are clearly used to medicine the way it was traditionally practiced and the fear of the unknown is a adds to the fear that they have. megyn: the sample size is small i guess, dr. siegel. i don't know, actually. sounds like, i don't know if it is abormally small what i'm trying to say but does it tell us something about the feeling of our practicing physicians about this law. >> i disagree with him on this point because there have been several other

surveys on this. deloitte was one. one on the doctors website. this is the way doctors are feeling younger and older. again the law is backloaded, not frontloaded. let me explain what i mean by that. it is in favor of expanding coverage for people but it is not looking what doctors want. doctors are pulling the cart that carries health care. we're not making enough money. that may sound selfish. if you want somebody to be happy you pay them more. instead insurance is paying them less. that happened with government intervention. megyn: let you finish the point. a lot of doctors pay for four years of college and four years of medical school the they have to go through residency, fellowship, internship. you could be more than 10 years of training and a lot of doctors start at $100,000 a year. that is nice salary but not what you have 200 plus grand in loans and 10 years of earning $30,000 under your belt because you get paid nothing when you're resident. >> great point, megyn. and when you're faced with increasing liabilities, increasing malpractice insurance, decreasing services.

you want to sit there and order what you think the patient needs but is somebody turns it down now. more and more regulations. you're liable, not the insurance company. whether public or private insurance. this sure say said physicians are very sick of medicare and medicaid right now. i think it is across the board. megyn: is this dissatisfaction among the doctors due to obamacare or is it due to a continuing erosion the way we practice medicine? the lawyers. absence of malpractice reform and so on? >> i think even before the affordable care act was passed you would get the same sort of response to a survey. physicians historically have been concerned about the encroachment of insurance companies, malpractice and other kind of issues as the doctor points out. but to make the leap that huge numbers of physicians are going to quit medicine simply because of the act i think is a bit of a stretch. if you look at the survey results, over 60% of the physicians surveyed think that electronic medical

records compromise medical care. very clear that we have to move to a more automated record in order to control costs. much of the duplication we see is because of a lack of automated record. megyn: dr. siegel last word. >> a very small slice of physicians. megyn: can you encapsulate, dr. siegel, in ways we can understand, quickly, what is it about the health care law that will so change the way you practice medicine, that you and others like you would consider this? >> i agree, with stan, megyn. we already unhappy to begin with. what will change is called piling on. you're on bottom of the pile and adding 30 million more people on top, it is easy to over use. come on in whenever you want even if you're not sick because i don't have the time to take care of you. with growing doctor shortage they should look at the fact physicians are overwhelmed and we don't have enough. megyn: we have to -- >> where i would disagree. megyn: quickly, stan. >> the fact we were heading for this problem already.

we had way too few doctors for the ballooning of people my age --. megyn: will the health care law fix that problem or made it worse? we'll have to leave that question open for now, guys. thank you both so much. we're continuing to await the president. he is not out there yet. when he gets to the lecturn we'll go there live structured . the experts at imperial can convert your long-term payout into a lump sum of cash today. how math and science kind of makes the world work. in high school, i had a physics teacher by the name of mr. davies. he made physics more than theoretical,

he made it real for me. we built a guitar, we did thingwith electronics and mother boards. that's where the interest in engineering came from. so now, as an engineer, i have a career that speaks to that passion. thank you, mr. davies.

megyn: running a little bit late at the white house today. the president was initially scheduled to make remarks at 1:15. it is 1:54 here here in the east. we're told he will be out shortly to comment personally on the immigration shift that the department of homeland security announced earlier today. we will hear from the president in moments. we'll take you there live when he comes out to the microphones. they're is new opposition to the feds using remote-controlled planes to spy on cattle ranchers. a republican senator

introducing a new bill that would ban the use of aerial drones by the epa. after recent revelations they are using unmanned aircraft to make sure ranchers are not contaminating the water supply. trace gallagher in the west coast newsroom. trace? >> reporter: the states under epa aerial surveillance are the follows nebraska, iowa, kansas, missouri, right? as you said, nebraska senator mike johanns is pushing back an pushing back hard. he is introducing an amendment to the farm bill which could be voted on sometime in the next week banning the epa from spying on cattle ranchers saying i'm quoting epa's surveillance program only adds to the deficit of trust this closed-door agency earned of late. past time for congress to put an end to the epa's use of aerial surveillance. the story made headlines last week when reports surfaced that the epa was using drones to spy on ranchers. the epa fired back saying no, we're not using drones. in fact we're using what you

see on the left-hand side of your screen, single-engine cessnas to go up and take photographs of the ranches. their deal they're trying to make sure that ranchers do not allow manure to get into ground water and contaminate the water supplies. the ranchers clearly do not like big brother spying from above. they have organize ad number of protests. they're going to their congressman. they say this needs to end. epa says it has been approved by the courts and they have been surveilling these ranchers now for 10 years, megyn. and they have caught a number of them red-handed. mostly catching them in iowa. so we'll find out soon if this policy ends for good. megyn: tg, thank you. >> reporter: yep. megyn: a medical emergency ends in a deadly car crash. prosecutors argue this driver should have never been behind the wheel saying she was warned not to drive. "kelly's court" breaks down the facts and asks whether this mother should go to

jail. the votes are in. we'll tell you what our focus group thinks of the president's and mitt romney's plans as espoused yesterday to turn around our economy. >> he has a lot of mojo. this is a good-looking, great speaker. rhetoric was there but the record isn't. i mean the country is failing. 3 1/2 years of -- but when it's hard or hurts to go to the bathroom, there's dulcolax stool softener. dulcolax stool softener doesn't make you go, it just makes it easier to go. dulcolax stool softener. make yourself comfortable. let's get our creativity running. then get some blades spinning, paper sanding, and bits turning. let's motor to the only place that carries our favorite tools... for our favorite people... armed with a budget and a mission...

and see what happens when we put those tools to work for us. more saving. more doing. that's the power of the home depot. get this ryobi 18-volt drill kit for the new lower price of just $69.

megyn: fox news alert. president obama is expected to speak any moment on major changes to our nation's immigration policy, this a week in advance to a critical address he will make to certain latinos. welcome to a brand-new hour of "america live." i'm megyn kelly. the president was supposed to begin 45 minutes ago. he's running a bit late. we understand under this new policy america will no longer deport some illegal immigrants and will instead grant them work permits. up to 800,000 folks who are in the united states illegally right now.

we go to our chief white house correspondent ed henry who is at the white house awaiting the remarks as are we. >> reporter: illegal i am grants can get a two-year deferred action. you have to be un30 years old. you have to have arrived before you were 16 years old. so your parents brought you here illegally, the idea you did not come here knowingly as an illegal. that you have no criminal record. you earned a high school diploma and have either continued your education or joined the military. that is similar criteria to the so-called dream act that we heard about debated long and capitol hill still waiting for passage. the difference is there is no path to citizenship for these illegal immigrants unlike in the dream act. interesting the republican senator chuck grassley put out a blistering statement saying the president's move is an afront to

the process of representative government by bypassing congress. it seemed like the president agreed just last year. the president suggested he could not do this when asked about such an action like this. he said sit would have to be an action by congress. what changed since last year? this president is under a great deal of pressure. he's speaking to a group of his andish voters next week. they are a hotly contested group of voters in this country, especially in key states, florida, nevada, colorado, new mexico. all around the country, this is an important voting bloc. the president under pressure because he vowed he would tackle comprehensive immigration reform in his first year in office. that did not happen and he's facing criticism for that.

now he's taking these actions perhaps to show some progress. megyn: is he likely to take some questions about this? do you get the chance toes ask about the point you just made, the president said a year ago he can't do this and today he's saying is's doing it. >> reporter: i would think it highly unlikely he will take questions. when he announced a new policy typically his way and president bush's way before him would be to announce the policy and move on. they want to deliver the message on their own. think about what happened just one week ago today when the president took a few questions on the economy and other subjects, thinking he would drive the message for a couple days, he drove the message but not in the way he wanted to when he made the comment about the private sector doing fine. i anticipate he will mold this in the way to put this in the best possible light. i spoke to the homeland security

secretary janet napolitano who put this policy together. she insisted some of the states are the hispanic vote is so important played no role. this is something she had been looking at for months. megyn: the department of homeland security saying politics played no role whatsoever in this decision. the question is whether this is just a prioritization move on the part of the president. the president does get to decide how he will prioritize the limited resources of the department of homeland security. they said they will go after the ones who committed crimes while in the country before they will go after law abiding illegal immigrants in the country now. is the defense likely to be this is just another step in that? we are going to put the lowest priority, kids who were brought over by their parents? >> reporter: i imagine that is part of the argument.

as you just mentioned, the president is likely to say these are not people who are breaking the law. they have no criminal record. they earned a high school diploma. they are doing right by this country. they are not trying break the laws of this country. they were brought here as illegal immigrants by their parents as children. you may now be adding up to 800,000 illegal immigrants getting work permits at a time when there are millions in this country who can't find a job. so that will mean the workforce will have even more competition. megyn: let's talk turkey. you have been around the hill for a while. it doesn't seem any accident the president is making this announcement now in advance of this address to these latino voters and in an election year, you tell me. is -- are our viewers to accept and believe without question janet napolitano's assertion

that politics has nothing to do with it? >> reporter: janet napolitano looked me straight out and said politics didn't play a role. i have got to take her at her word. megyn: but that's not true. you don't have to take her at her word. we are members of the press and it's our job to be doubtful and cynical and to challenge. my question to you is not for you to give a political opinion. but my question is somebody who covered the white house for a while, been on capitol hill, the circumstances around the announcement suggest there is political gain to be had by today's announcement. >> reporter: announcing it now a few months before the election when hispanic voters are an important voting bloc is there for all the world to see. the administration's argument as well will be they have been trying to pass the dream act. trying to relieve the pressure

and reward people who are actually working, reward people who are earning a high school diploma and going on to college or serving our country and the u.s. military. but republicans blocked the republican's efforts to pass the dream act. they are trying to take administrative action. that case may be undermined by the fact as you mentioned earlier when the president spoke last year he suggested he could not do this on his own and he had to wait for congress. they decided to go it alone and they are doing it five months before an election. that undoubtedly will raise eyebrows. megyn: according to a "wall street journal" poll barack obama is leading governor romney. he's doing okay with that group. we just got the 2-minute warning. so he's doing well with latino voters, better than governor romney.

and that may put governor romney in a difficult position as he addresses that same group of key voters next week and the question is whether he will get behind this. senator marco rubio, some have discussed him as a potential vp pick for romney. he submitted a proposal that's close to this one. >> reporter: i haven't heard whether he has spoken out. we are awaiting reaction from mitt romney. the key is in the republican primary mitt romney was pushed further to the right on some of these issues. not moving towards the middle where marco rubio is trying to be crafting a new version of the dream act. because of rick perry and others who are more conservative in dealing with immigration renorm. mitt romney was moving to the right. the obama campaign was cheering that when it happened.

they believe the divide will only widen with hispanic voters. megyn: the dream act used to have republican support. but it failed and did not get passed. but at some point this did have republican votes. >> reporter: broader comprehensive immigration reform had support. i remember covering president bush and he said we need comprehensive immigration reform. the party has shifted on this saying we should enforce the borders first. that's a debate going on in this country. i think the bottom line is they are trying to secure the borders. >> this morning secretary napolitano announced actions to amended the immigration policy

to make it more fair, efficient and just, specifically for young people called dreamers. these are young people who study in our schools. they play in your neighborhoods. friends with our kids. they pledge allegiance to our flag. they are americans in their hearts and their minds and in every single way but one. on paper. they were brought to this country by their parents. sometimes even as infants. and often have no idea that they are undocumented until they apply for a job or a driver's license or a college scholarship. put yourself in their shoes. imagine you have done everything right your entire life. studied hard, worked hard, maybe even graduated at top of your class, only to suddenly face the

threat of deportation to a country that you know nothing about. the language you may not even speak. that's what gave rise to the dream act. it says if your parents brought you here as a child, you have been here for five years and you are willing to go to college or serve in our military, you can one day earn your citizenship. i said time and time and time again to congress, that send me the dream act, it on my desk and i'll seen it right away. both parties wrote this legislation and a year and a half ago the democrats passed the dream act in the house but republicans walked away from it. it got 55 votes in the senate. but republicans blocked it. the bill hasn't really changed. the need hasn't changed.

it's still the right thing to do. the only thing that has changed apparently was the politics. now, as i said in my peach on the economy yesterday, it makes no sense to expel talented young people who for all intents and purposes are americans. they have been raids as americans. d they have been raised as americans. to expel these young people who want to staff our labs or start new businesses and defend our country, simply because of the actions of their parents or because of the inaction of politicians. in the absence of any immigration action from congress to fix our broken immigration system we are trying to focus our immigration resources in the right places. so we prioritize border security, putting more boots on the southern border than any

time in our history. today there are fewer illegal crossings than any time in the past 40 years. we focus and use discretion about who to prosecute. criminals endangering our communities rather than students earning their education. today deportation of criminals is up 80%. we improved on that discretion carefully and thought -- and thoughtfully. effective immediately the department of homeland security is taking steps to lift the shadow of deportation from these young people. the next few months. eligible individuals who do not present a risk to national security or public safety will be able to request temporary relief from deportation proceedings and apply for work authorization. let's be clear. this is not amnesty. this is not immunity.

this is not a path to citizenship. it's not a permanent fix. this is a temporary stop-gap measure that lets us focus or resources widely while giving a degree of relief and hope to talented patriotic young people. it is the right thing to do. excuse me, sir. it's not time for questions, sir. not while i'm speaking. precisely because this is temporary. congress needs to act. there is still time for congress to pass the dream act this year because these kids deserve to plan their lives in more than two-year increments. we still need to pass comprehensive immigration reform that addresses our 21st century needs. that gives our farmers and

ranchers certainty about the workers that they will have, reform that gives our signs and technology sectors certainty that the young people who come here to earn their ph.ds won't be forced to leave and start new businesses in other countries. reform that continues to improve our border security and lives up to our heritage as a nation of laws and a nation of immigrants. six years ago the unlikely trio of john mccain, ted kennedy and president bush came together to champion this kind of reform and i was proud to join 23 republicans in voting for it. so there is no reason that we can't come together and get this done. as long as i'm president i will not give up on this issue, not only because it's the right thing to do for our economy, and ceos agree with me, not just because it's the right thing to do for tour security, but because it's the right thing to

do period. i believe that eventually enough republicans in congress will come around to that view as well. i believe that it's the right thing to do because i have been with groups of young people who worked so hard and speak with so much heart about what's best in america. even though i knew some of them must have lived under the fear of deportation. i know some have come forward at great risk to themselves and their futures in hopes it would spur the rest of us to live up to around almost cherished values. i have seen the stories of americans and schools and churches and communities across the country who stood up and rallied behind them and pushed us to give them a better path and freedom from fear because we are a better nation than one that expels innocent young kids. the answer to your question, sir, and the next time i prefer

you let me finish my statement before you ask that question. this is the right thing to do for the american people. i didn't ask for an argument. i'm answering your question. it is the right thing to do for the american people and here is why. here is the reason. because these young people are going to make extraordinary contributions and are already making contributions to our society. i have got a young person serving in our military, protecting us, and our freedom. the notion that in some ways we would treat them as expendable makes no sense. if there is a young person who who has grown up here and wants to contribute to this society, wants to maybe start a business that will create jobs for other folks look for work, that's the right thing to do.

giving certainty to our farmers and ranchers. making sure that in addition to border security we are creating a comprehensive framework for legal immigration. these are all the right things to do. we have always drawn strength from being a nation of immigrants as well as a nation of laws and that will continue. my hope is that congress recognizes that and gets behind it. thank you very much, everybody. >> you specifically ruled this out last year. >> what about american workers who are unemployed. megyn: the president saying he will implement this policy, lifting the shah dove deportation for those young people who fall within this group. you have to be under 30 years old, you have to have been brought to the united states illegally by your parents before you were 16 and so on. he will do that because it's more fair, more efficient and

more just. and said this group of people to whom he's extending this courtesy, if you will, are americans in their hearts for all intents and purposes they are americans. he went on to say. you heard a reporter -- a man we don't know who was, why do you favor foreign workers over american workers. we are working to find out who that is. we are being told by the white house crew they don't believe that's one of the regular white house press members. but we are not sure of that. the president trying to answer him saying he believes this is the right thing to do, saying we are a better nation for doing this. the president will have to face questions about whether he has the right. he says it's a deportation prioritization. he has been praised by senator patrick leahy for this prioritization decision. they get to decide where to allocate their limited resources at dhs. but you are having some

republicans say it's a form of amnesty. pete king, republic can in the house says the administration is overstepping its authority by weakening immigration laws without congressional approval. he says this latest move is even more serious because it signifies to illegals that border agents will turn a blind eye. i want to take you back. this is where the debate is going to go. the president does this administratively through the homeland security department. saying don't worry about it if you fall within this group, the so-called dreamers. he was asked about the dreamers last year. the question was on the dream act, granting administrative relief for dreerms. he answered, i have to say this notion that somehow i can change the laws unilaterally is just not true. then said this. >> we are doing everything we can administratively, but the

fact of the matter is there are laws on the books that i have to enforce. and i think there has been -- there has been a great disservice done toot cause of getting -- -- done to the cause much getting comprehensive immigration passed by perpetrating the notion that somehow by myself i can go and do these things. it's just not true. megyn: the president did not take questions about how he squares that position then and this position today. but those will be asked in the days to come. now being told that was neil monroe of the daily caller.com. a web site online who asked the president that question and did ultimately get an answer. we are take your comment and the president's remarks. follow me on twitter @megyn kelly.

observers say they can't reach the scenes of the worst carnage. what they are doing will shock you. where is the united states on this?

at liberty mutual, we know how much you count on your car, and how much the people in your life count on you. that's why we offer accident forgiveness, where your price won't increase due to your first accident. we also offer a hassle-free lifetime repair guarantee, where the repairs made on your car are guaranteed for life, or they're on us. these are just two of the valuable features you can expect from liberty mutual. plus, when you insure both your home and car with us, it could save you time and money. at liberty mutual, we help you move on with your life, so get the insurance sponsible drivers like you deserve call us at...

or visit your local liberty mutual office, where an agent can help you find the policy that's right for you. liberty mutual insurance, responsibility -- what's your policy?

megyn: new developments in the crisis in syria. u.n. observers saying the escalating violence is limiting their ability to live in the country and monitor what is happening. many women and children have been killed in the clashes. they say government forces are using rape and torture including on children. u.n. secretary-general ban

ki-moon and his advisers is calling on the international community to protect those populations at risk. they are beg for help. i know it's syria, i know iran is the puppet master. syria is the puppet. but now they are raping little boys and girls and pulling out their fingernails and the world's super power is doing what. >> we are in a position where we can't do much. megyn: what about russia? we have a relationship with russia. >> it's not going well. the road to damascus is definitely through moscow. without moscow coming onboard to stop assad, nothing is going to stop assad. the administration has tried to shame him and scold him. from the russian point of view they have a real interest in syria. they have a port, they have an

arms relationship with them and it's their toehold in the middle east. our administration should say instead of scolding them. your relationship isn't with assad, it's with syria. choose new leader but push assad aside. stop the killing and you will be the country that has saved the middle east from a very terrible civil war. megyn: put these pictures back up of the children. i think with all due respect to mr. putin. most americans don't give a flying fig about his port. this girl amidst the rubble as far as we know is still alive. others like her are being massacred. the reports are they are raping little boys and girls and pulling out their fingernails. we know about it and what about president putin. doesn't he care? no one cares about the port. >> he can do something but he's

not going to do anything. to him it's more important to have the port and it's more important to have his toehold in the middle east. the only way you get putin to change his mind is to say keep syria. keep your port. keep your military relationship. just get rid of assad. choose a new guy. we got to choose the guys in iraq. megyn: any chance of him doing that? >> this is a man in his 50s an has had botox and plastic surgery. he parades around bare chested. this guy cares what the world thinks of him. go to him and say you will be the hero of the world. keep what you already have. keep your relationship with syria, just stop the killing. is it a long shot? you bet. but it's better than just watching these horrible pictures. megyn: i don't we can't protect every atrocity. but this is getting worse by the

day. >> assad will kill or be killed. megyn: the number one issue for americans, the economy. what did the voters think of the dueling speeches of the president and governor romney yesterday? great grains cereal starts whole and stays whole. see the seam? more pcessed flakes look nothing like natural grains. i'm eating what i kn is better nutrition. mmmm. great grains. search great grains and see for yourself.

crazy, right ? well, with this droid razr by motorola on verizon 4g lte, you guys can stay in touch. ( grunts ) cool. you can video call on skype... send photos. yeah, okay. yeah, let's do it. get $100 off any motorola 4g lte smartphone, like the droid 4. hurry, offer ends june 17th. verizon.

megyn: we are getting new reaction the president obama and governor romney's dueling speeches on the number one issue for americans.

the economy. the speeches marking the closest thing to a general election debate. each candidate traded fire describing the other as disastrous for the country's economic future. >> there is one place where i stand in complete agreement with my opponent. this election is about our economic future. the other side will spend over a billion dollars on ads to tell you the economy is bad. that it's all my fault. that i can't fix it because i think government is always the answer or because i didn't make a lot of money in the private sector and don't understand it, or because i'm in over my head. what's holding us back is a stalemate in washington between two fundamentally different views of which direction america should take. >> he has been president for 3 1/2 years and talk is cheap.

action speaks very loud. if you want to see the results of his economic policies, look around ohio, look around the country and you will see a lot of people are hurting. a lot of people have had tough times. and the policies the president put in place did not make america create more jobs. as a matter of fact he made it harder to return to the principles that made america america. we can once again have a national leads the world in entrepreneurship, job creation and economic vitality and wage growth. megyn: there you have a sample. bringing in our focus group. half democrat, half republican to get their take. kevin, you were listening to barack obama saying republicans will paint him as someone who don't know what he's doing. you said he doesn't. >> he said republicans will say he doesn't have enough experience in the private sector and that's obvious by what he

said last week about the private sector. he thinks the economy is doing great outside of a few city and states. we have an underemployment rate of one out of every four families in america, people work as hard as they can and can't pay their bills. megyn: that's the first time i heard him respond to the narrative that romney has the experience in the private sector and barack obama doesn't have that experience. we got a preview how he will deal with that. you don't need to have spent years in the private sector in order to know how to fix it and what policies are good for america. >> the job of being an executive in the world of high finance has little to do with running a national economy. barack obama who has been running our national economy has focused on job creation. the economic recovery might not be as robust as anybody had

hoped about it doesn't change the fact that when barack obama took office for six months the economy had been shrinking and six months after he took office it has grown every single month. private sector job growth has grown every month. it won't turn on a dime. megyn: that's a good narrative, that there is job growth every month since barack obama took office. but if you look at the charts since january, that's a political problem for the president. the question is whether that narrative that he's now espousing, there has been some growth every month, is going to work. >> i don't think so. it sounded like it was groundhog day it was basically he was saying the exact same thing and it wasn't a gaffe. he meant that the private sector was doing fine. what he's doing like a little hawk going after his prey is he wants more stimulus money.

he wants to ask for more money. he spent $6 trillion, more than all the presidents combined, to make this debt. and still the economy is terrible. and he is a narcissist socialist. megyn: the speech didn't lay out a new policy initiative. let me give you flavor from the left. joe klein from "time" magazine said he failed profoundly to explain what he's doing. jonathon alder said it's one of the last persuasive speeches he has seen him give. has he lost his mojo? >> when people look at mitt romney, he looks like a guy when you type in president in a stock photo it looks like romney. when you look at his record. when he was governor of

massachusetts they were 47 of 50 in job growth. >> it depend on which record you are looking at. >> we'll see the mojo in the debates. this is one speech. >> the fact that the obama operation and the president have failed to realize the burden of proof to get reelected is on them. it's not about demonizing mitt romney. he has a record that unfortunately for our country has failed to grow our economy in any meaningful way. you are talking about 4.5 million jobs in 27 months. that will include the people who have stopped looking for jobs at all. even if you accept your number, you are talking about not enough jobs per month --

megyn: we have heard the president repeatedly including yesterday try to tie mitt romney to president obama, to the house republicans and say the' the choice between me or them. do you want bush and the house republicans or do you want me? will that work? do you think the american public will say bush got us into this mess. >> the american people are beyond all that. it's who is the agent of change. governor romney is presenting himself as being the agent of change. president obama is the status quo. do we want a change in a different direction or keep the status quo. the american people have gotten beyond the blame bush. the president has been awol with regard to all the economic decisions in this country the last 3 1/2 years. he exercised no leadership. he allowed a stalemate to take place. he's not producing tonight

results whatsoever. we talked about last week about governors. the governors in this country whether democrats or republicans have to produce a result for their constituents. they have to bang heads together to produce a result. >> a lot of that is untrue. the focus should not be on blaming bush. it should be on the policies bush promulgated that romney would do. he's going to have a messaging problem. megyn: should romney be out there saying i'm not bush, i'll be different from bush? >> yes. >> we all complain about the debt. there will be $5 trillion to $ trillion more in our national debt if mitt romney successfully cuts the millionaires ...

megyn: under reagan when they gave tax cuts to the rich revenue went up. >> incoming revenues to the federal reserve went up under reagan and george w. bush. megyn: ronald reagan did raise taxes on the rich after he gave them historic cuts. >> we have the highest corporate rate in the world right now. all these businesses are leaving the country because of that. if you raise taxes even more, and the buffet rule, it would in one year accrue enough for three day's interest on the debt. >> we are spending a lot of time talking about rich people. what the president is doing is

talking about the middle class. what governors are doing around this country is taking people out of the middle class by restricting access to unions which is -- we talked about the recall election, we talked about education and student loans and trying to get people back to school. when the president tries to lower the rate -- megyn: let's go back to the mojo question. barack obama taking heat from the left for not hitting it home yesterday. but the question is, what should his messaging be? is there anything as a republican and you are no fan of president obama that would concern you about the president's message? he used to be able to lift people up, make us feel like we would be together with less partisanship. >> he has a lot of mojo. he's a good looking, great speaker. but the record isn't there.

3 1/2 years of failure and it's tough to talk your way out of it. people are looking at the walk, and not the talk. james carville is a smart man and he's pan panicking saying it many the economy, stupid and he's right. >> the messaging coming out of this white house on the economy is wrong because it's backward looking. >> romney hasn't been able to say these are the things i'm going to do different from bush. >> yes, he did. megyn: this is my favorite part. we gotta go. we are taking your thoughts on it. follow me on twitter at america live. she killed five people in a car accident. the prosecution said it never had to happen if only she had listened to the warnings of one

doctor five years earlier. next in "kelly's court." wake up! that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. ...more talk on social security... ...but washington isn't talking to the american people. [ female announcer ] when it comes to the future of medicare and social security, you've earned the right to know. ♪ ...so what does it mean for you and your family? [ female announcer ] you've earned the facts. ♪ washington may not like straight talk, but i do. [ female announcer ] and you've earned a say. get the facts and make your voice heard on medicare and social security

at earnedasay.org. throughout our entire lives. ♪ one a day women's 50+ is a complete multi-vitamin designed for women's health concerns as we age. ♪ it has more of seven antioxidants to support cell health. that's one a day women's 50+ healthy advantage.

:

megyn: "kelly's court" is back in session. a woman behind the wheel has a seizure and kills five people including children. she was warned not to drive again until she had seen a neurologist. but she ignored that advice. the defense says that warning never happened. >> i submit to you nobody told her not to drive. is it even within the realm of possibility that a doctor who is working long hour shift, most likely, who sees 4,000 to 5,000 patients a year might not tell a patient who by all accounts is perfectly fine, that she shouldn't drive?

megyn: joining me now, former prosecutor now defense attorney jonna spilbor and defense attorney brian claypool. the prosecution is painting a picture of a woman who ignored the advice of her doctors and got behind the wheel to the entire community's peril and wound up killing a family of five. do they have the goods? >> i think they do. driving is a privilege anywhere in this country. you have to earn that privilege. and if she was put on notice twice in 2006 and 2011 that she has symptoms consistent with a seizure is order, she has a duty to everybody in that community to get checked and treated for that seizure disorder. otherwise she is putting everybody in peril when she gets in an automobile. an automobile is like a weapon. it's like a deadly weapon.

megyn: the prosecution is saying this was preventable. she had a duty, they said rest assured we don't believe this was an accident. if this woman had two prior seizures, is she guilty of criminally negligent homicide? >> no. the 2011 seizure was diagnose bid her husband. her husband is not a doctor. we are only dealing with a doctor who saw her in 2006. how could she have envisioned something. megyn: megyn: if she was warned, don't get behind the wheel of a car null see a neurologist. >> the doctor could have contacted the dmv. if he thought it was such an issue, he should have done that. every obese smoke more gets behind the wheel is a heart attack waiting to happen. megyn: stand by, i want to bring

in -- let me bring in dr. marc siegel on this. can one who has a seizure disorder get behind the wheel of a car generally? >> this is very complicated. if it's a diagnosed seizure disorder and they are not properly medicated they should not get behind the wheel of a car. but in 2006 when she had the blackout we don't know she had a seizure. she needed to have an eeg and figure out if you really had a seizure or not. megyn: they said she followed up with her primary care doctor at

when she went to fill out her driver's license form, i think she did, and i think she does have a seizure. megyn: we'll get to brian with his thoughts right after this break. call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. [ 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. refreshing nutrition in charge!

megyn: does it come down to whether in 2006 she was warned about it doctor to see a neurologist and not drive until she had seen a newer on just. if she was given that warning is this case over for her? >> i don't think it matters whether a formal warning was given in 2006. the symptoms she had in 2006 and again in 2011, let's fast forward to 2011. she is in a mcdonald's park lot, passes out and biting her

tongue. that is a clear symptoms of a seizure disorder. she then has a duty to get that treated. doctors, lawyers, police officers, we can't police every person and tell them to go to the doctor. megyn: is it strange that five years would have passed out any seizures and she has a seizure disorder? >> that can happen, but we don't know she has a seizure disorder. i think there is enough evidence she should have gotten seen and examined and worked up for it. but it's not 100% certain this is a seizure. >> she hadn't been checked for a seizure. megyn: how do we adequately police this in a criminal justice system when you have got people who are drug addicts who drive. people who are alcoholics and never get caught. people who have narcolepsy and fall asleep at the wheel.

>> why should we impose criminal liability on those people. we didn't know what her condition was. are we going to start jailing people because they didn't go to the doctor? we can't force anybody to go to the doctor and get a diagnosis. megyn: we have a "kelly's court" verdict on our current "kelly's court" that is breaking right now, a jury has just ruled in this woman's case moments ago. and she was found ... not guilty. so there you go. she was found not guilty. dr. siegel has a bit of a celebration tomorrow as he celebrates his birthday. happy birthday, doc! >> we won't say what year, but thank you. [ male announcer ] let's say you need to take care of legal matters.

wouldn't it be nice if there was an easier,

less-expensive option than using a traditionalawyer? well, legalzoom came up with a better way. we took the best of the old and combined it with modern technology. together, you get quality services on your terms with total customer support. legalzoom documents are accepted in all 50 states, and they're backed by a 100% satisfaction guarantee. so, go to legalzoom.com today and see for yourself. it's law that just makes sense.