jenna: "america live" starts right now. megyn: fox news alert, polling that could spell trouble for president obama with just over 100 days to go before americans choose our next president. welcome to "america live," everyone, i'm megyn kelly. the heat is on the president right now as this race tightens up. a couple of new polls now show governor mitt romney in the lead, including the rasmussen reports daily presidential tracking poll. governor romney leads president obama in that poll 48-44%. what could be a potentially bigger issue? voter enthusiasm. according to gallup, just 39% of democrats say they are more enthusiastic than usual about the upcoming election, that is way down from '04 and '08 when over 60% said they felt more excited. as for the republicans, it's exactly the opposite. 51% are expressing enthusiasm for this election. last time around it was down at 35%.

daniel hemminger is the deputy editor of the wall street's -- wall street journal's editorial page. it is that voter enthusiasm poll that would be of the greatest concern over at team obama. why? >> anytime you get below 50%, megyn, you're in trouble. and that number, 39%, is pretty startling. they've got to be tremendously upset about that. and one of the other numbers you put up there that is worth focusing on was 2008 for republicans, 35%. and we all do remember how when john mccain was running there was really an enthusiasm deficit for the republican ticket back then. and, boy, if barack obama has got himself into a territory similar to what john mccain was in 2008, yeah, the democrats have a lot to be worried about. megyn: i thought mitt romney was supposed to be this uninspiring figure that even the people on the right found boring and, you know, not -- that they just weren't that into him?

why is republican enthusiasm up? >> well, i think it's up because it has a lot to do with president obama, you know? there's a reaction to him, but i think the bigger -- turnout is everything, megyn. you have to absolutely turn out your base if you have any chance of winning. and i think that the reality right here is that democrats live in crummy economy just like the rest of us. and if you look at the numbers, the unemployment numbers for the president's base, black unemployment, total unemployment among black people has got to be about 20%. youth unemployment is about 16%. and the president just desperately needs both of those categories if he's going to perform well in this election. and we're going to get gdp number tomorrow at 8:30 in the morning, in the first quarter it was 1.9%, it is most likely going to be below that, megyn. and that sort of thing is just going to have a depressive effect across the population, but it mainly hits those people

who turned out in huge numbers for barack obama in 2008. megyn: and they are saying, gallup in its writeup about its own poll, says it does expect turnout is going to be lower this presidential election, so it's all about who you can actually get to show up at the polls. according to gallup, dan, republicans historically vote at higher rates than the democrats, so that is why when you have numbers -- and, you know, the rasmussen daily tracking poll, mitt romney's up four. last week it could have been, you know, i think it was the reverse. but the point is, it's tight. and everybody we have on here from the left and the right agrees it's going to be tight, it's not going to be a blowout election for either man on november 6th. and so the question is, who's actually going to show up at the polls on november 6th? enthusiasm may predict that. >> well, you know, one election that people forget but i think was crucially important, megyn, was that off-year election in november 2010. people forget that democrats got blown out of office at every

level of government. they not only lost the house of representatives, they lost state legislatures in many of those states around the great lakes, the swing states. it was a huge blow to the democratic party, and it was a great blow to the morale. if i may point out one other event, that recall election for governor scott walker in wisconsin, democrats threw everything into that election to try to get him recalled, and he won by a greater margin than when he was first elected governor. that, too, was a tremendous blow to democratic morale. you remember all the attention we gave to it at the time. so the democrats really haven't had a lot of reasons lately to get enthusiastic about politics in general, and if that spills over four months from now, i think mitt romney is going to be the pen fishery of it -- beneficiary of it. megyn: about 103 days out. thank you, sir. >> good to talk to you, megyn. megyn: president obama's number two man appearing to play the class warfare card, according to some.

vice president joe biden said this about governor romney: >> i think part of the problem is i don't think he just gets you. i don't think he really understands -- i mean this sincerely -- i don't think he understands what you're all about, what makes you tick, what makes you decide to go into this profession that pay enough to 90% of the population, including me, to do what you do every day. megyn: well, this is not the first time we've heard that sort of messaging from the obama re-election team, or in this case, the vice president. coming up, we're going to ask our panel whether this messaging does more harm than good or is effective. extreme weather alert for you now, right now some 32 million americans are in the path of a potentially devastating storm system. you are looking at live radar here. the storm prediction weather center is warning that heavy hail and hurricane-force winds could slam areas from ohio to

connecticut, potentially causing widespread damage and power outages. our meteorologist rick reichmuth has the details from the extreme weather center, and even here in new york this morning they were saying on your way home from work you can expect hail, bad thunderstorms and they said potentially even a tornado which is, thankfully, rather rare up here. >> reporter: yeah, it is. but we do have that threat today. new york city place just to the north and west of it. this is all part of this system. you see these line of storms here, not severe at this point, anywhere to the south of here it's baking right now. incredibly hot. one line of storms moving across the big cities earlier this morning, it's kept temperatures down just a little bit. sun is about to come up, and those temps are going to climb. we're up about ten degrees in the last hour. when you have that colder air above it, that's what's going to cause a change. all kinds of heat advisories in effect, and you can see so many states from parts of the mid

atlantic states back towards the ohio valley, it's going to be feeling around 115 today. that will change eventually, but not for a couple of days. take a look at what the center has issued here, a moderate risk for severe weather, only a handful of times each year, but areas around new york city and just to the north is probably the biggest chance for a tornado today. so we could be seeing a small tornado, but there's so much population here, megyn, that's why it can cause a lot of damage and have impact, of course, to people's lives. quickly, take a look at the timing on this. this is future radar here. you see storms back up interior sections by around 6:00 tonight moving in towards scranton, about to head in towards jersey. but if your commute time home is 6:00 in new york city or right here in the tristate area, not that bad. i think the worst of these storms are going to be 8 and 9:00 moving in towards here, and they're going to be very, very strong. a lot of strong winds, certainly some power outages by the time we get towards tonight. megyn: get the flash lights

powered up. rick reichmuth, thank you. >> reporter: sure. megyn: well, the search is on this hour for the man believed to have kidnapped the mother of baseball hall of famer cal ripken, jr.. 74-year-old violet ripken is now safe at home -- have you heard about this? the maryland police say that the suspect abducted her at gunpoint, drove her around in her car before police finally found her bound and blindfolded in the backseat. rick leventhal has this unbelievable report from our new york newsroom. >> reporter: local and state police now investigating this bizarre case with help from the fbi, collecting forensics in the car, checking toll plaza records and looking for surveillance video who may help identify the suspect who apparently wanted money and a vehicle but had no idea how valuable his hostage was. early tuesday morning, a man with a gun approached vi ripken at her home, forced this grandmother of seven into the backseat of her lincoln.

he bound her and drove around central maryland for almost 24 hours, then parked near her home, got out of the car and walked away. police apparently learned of the abduction when a witness spotted vi tied up in the backseat at a gas station tuesday night, but they didn't find her until 6 the next morning. the man didn't know her son is former baltimore oriole player cal ripken, nicknamed the iron man. her son billy also played pro ball. the suspect has not yet been identified. >> police are still looking for a white male, late 30s to early 40s, with a tall, thin build. he was last seen wearing a light-colored shirt, camo pants and eyeglasses. we believe the male is still armed with the handgun and should be considered dangerous. >> reporter: and police say they're not sure of motive, but the feds tell me if this guy knew that vi was cal's mom, he likely would have made a

substantial ransom demand. megyn: unbelievable story. i mean, it's just incredible. rick, thank you. >> reporter: sure. megyn: well, the suspected murderer in colorado's movie theater massacre appears to be a deranged killer, but his background suggests he grew up like many folks you probably know. we're going to take a look at james holmes' seemingly normal childhood and, actually, we're going to discuss the late itself reports about what may have been -- the latest reports about what may have been his motivation. reports today about his family, his relationship with his parents, in particular his father, and reports of a warning by his own mother prior to the act in question. of we'll talk about it right after the break. and the usda washing americans to -- warning americans to expect a major jump in their grocery bills. oh, joy! why problems with corn crops are taking a toll on the entire industry and when you can expect to see the increase hit your wallet. and do you remember the montauk monster? oh, did we love this story when i was doing "america's

newsroom." well, there is a monster in manhattan too. we'll tell you about a mysterious creature who washed up on the shores of the big apple and why no one can seem to figure out what this thing -- this is the new one -- is. >> i mean, i thought it was really very, very bizarre, and i mean, kind of gross, obviously. but mostly just really very bizarre because it was clearly water bloated, but its skin was all these different colors, like some areas were red or pink, but some areas were green or blue or pink, not colors you typically see on mammal skin. [ male announcer ] this is sheldo whose long day setting up the news starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news.

♪ >> good morning, miranda. >> get me isaac. i don't see my breakfast here. are my eggs here? where are my eggs? where's the piece of paper i had in my hand yesterday morning? they'll need surfboards or

something for spring break. pick up my shoes and then go get patricia. megyn: ah, the woman who inspired meryl streep's character in the movie "the devil wears prada," is now getting ready to throw another fundraiser for president obama. vogue editor anna win tour set to co-host the big bash next month. movie mogul harvey weinstein is the other co-host. this time around tickets will go for more than $35,000. well, reports out today that could potentially red light on what led a seemingly once-normal guy in colorado to murder 12 people and shoot over 70. experts now suggest the father of the suspect in the colorado movie massacre set a very high standard and that the son was not living up to it. moreover, we are now learning that he bought his weapon, at least one of them, after failing a key exam at the university of

colorado, and then he dropped out with no explanation why. all of this as we get at least one report that the mother had once urged the son to seek counseling. joining me now, dr. alan alan l, executive director of the center for the study of violence. dr. litman, welcome back. >> hello, megyn. how are you? megyn: i am great. thank you so much for being here and trying to help us make sense of this. the reports are that the father has degrees from stanford, ucla, berkeley and that his son who, you know, they're mentioning in these reports that his son was an adopted son, was not living up to those standards, was said originally to be some sort of brilliant guy, but now some of his professors are saying, actually, that's not true at all, he's a b student. >> that's right. megyn: and you actually see all of this as consistent with the profile of what we now believe he became. explain. >> absolutely. you know, what you see with a psychotic illness, and we've seen this time and time again -- and, viewers, this is

counterintuitive, they wouldn't necessarily expect this. the fact is that before that first explosion, that first psychotic break a person can be functioning okay. some people beforehand may actually have a higher intellectual level. but in the late teens -- by the way, right at the age that he started to show it, at 18 when he did his internship and was described as very odd and bizarre, they start to show the one sign which is acting very odd, very bizarre, what's called poor premorbid social competence. and that is the beginning of a clockwork timeline, and we saw it with holmes where he became from the age of 18, late teens, increasingly preoccupied with violence, with guns. and what happens is there's an underlying predisposition to disorder. you have the readiness for disorder almost like you have a weak bone that you were born there. and then with more and more pressure, here the pressure of

the father to succeed, on that bone when you reach a certain age which is almost always the early 20s -- how old was holmes? 24 -- they snap. they explode. it's a combination of an underlying genetic propensity, and that stress right on the arm that during that peak period of the early 20s causes it to crack. absolutely a textbook case of psychotic disorder, megyn. megyn: now, you mention, you know, genetic, part genetic. do you believe that? do you believe that there is some, you know, in somebody who's going to wind up being an alleged mass murder, a genetic predissomething is the family asking themselves -- they have a younger daughter i don't know whether she's biological or not -- that there's some genetic predisposition to violence in people? >> i want people to understand this, everyone who is listening now, we need to understand this if we're going to prevent these, okay? we don't want to worry about it

on the other end and start worrying about how we're going to take things away from people, we want to spot it. we know, i have known since 1980 in my early days at yale, it's an established fact that there is a genetic predisposition to schizophrenia. what does that mean? well, like with some other disorders it means you have a greater likelihood because of genes that you were born with to develop that disorder. schizophrenia is a senately higher likelihood. before significantly higher likelihood. but there has to be something in the environment. genetics and the world come together. and the environment, a stress like a breakup, like family pressure, like social pressure -- megyn: failing an exam and dropping out of school? >> yes, exactly. what did we see with holmes? three weeks before he committed the act he failed that exam, and with those tremendous pressures on him, that's obviously when he snapped, when he had his psychotic episode.

now, look, i'm also a lawyer. i want your viewers to understand something. this does not necessarily excuse holmes. insanity is a legal term, it's a legal question, and the question of insanity is at the time of the act. megyn: yeah. >> did the person know the difference between right and wrong and did they know that -- megyn: let me ask you because we only have a minute left, and i want to get this in. >> i know, there's so much here. megyn: what can we look for, doctor? what signs should we be looking for in particular for this age person? >> three things that you can look for, and i want you if you have children or friends or colleagues, students, i want you to look for these things. i want you to look for increasingly bizarre or odd behavior. they're talking to themselves. they seem to be responding to voices that are going on in their head. they seem to be obsessed with violence, with guns. a change in behavior that represents an unusual obsession, number one. number two, do they withdraw

from the world? whatever they were interested in? remember, this seemed to be a very happy, friendly, sweet guy. and we've heard again and again in these reports after the age of 18, right at that age, that's when he started to become withdrawn and isolated. and, third, triggering event. if your child has been through a serious romantic breakup, has been through a failure at school, a job loss, you should no matter what -- even though it feels a little uncomfortable -- grow in and check, make sure they're okay. prevent this. don't let it happen again. megyn: dr. litman, thank you so much for your expertise. always a pleasure to see you. >> best to you, megyn. megyn: coming up, she is one of hollywood's biggest stars, just surpassing angelina jolie as the top-paid actress. the fallout for kristin stewart. and all this 13-year-old wanted to do was start up his

own little hot dog stand to help his disabled parents, but a bureaucratic roadblock shut him down. that's next. >> i was standing in my dad's living room one day, and he was talking to me about how when he was a kid, he was delivering 300 newspapers before he went to school every day. a party?

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megyn: well, some new viral video apparently taken from a dash cam is showing a prankster husband giving his sleeping wife a huge scare. all while driving with their children on a highway in north carolina. watch. >> so there's a truck getting towed, and it looks like it's coming at us, and my wife's asleep. so we're going to see if we can scare her. >> dad!

>> wake up, there's a truck coming -- ah! [laughter] i'm sorry, it was funny. it was getting towed. [laughter] megyn: that's the first time i've seen that. his name is manny perez. he says the prank was too good to pass up, and the result was so good, we should watch it again. let's watch it again. finish -- >> babe, wake up, a truck coming! [laughter] i'm sorry, it was funny. [laughter] it was getting towed. [laughter] megyn: the wife, what a good sport she is. she says she was mad at first, but she is used to it because old manny apparently pulls these pranks all the time. [laughter]

all right. moving on. everybody here is laughing. are you laughing too? don't send the nasty e-mails about this is highway safety. coming up, a growing -- no, coming up right now, a growing hot dog cart controversy involving a 13-year-old entrepreneur trying to help his parents. his name is nathan johnson, and he set up the cart selling the hot dogsing in holland, michigan. despite getting permission from city leaders, he hit a roadblock. trace gallagher has the story. did you laugh at that? >> reporter: i didn't. i didn't think it was all that funny really. it was kind of funny. megyn: really? sorry. k, go ahead. >> reporter: listen, 13-year-old nathan is clearly a very self-motivated guy. his mom has ms, his dad has, um, epilepsy. and, apparently, he's trying to raise money for them both, right? so he goes out, and he starts

his own hot dog stand, but his parents say before you do that, you've got to go to the city and get it cleared. the city says, sounds like a great idea, go for it. he spends $2,000, borrows the money, cooks the dogs, steams the buns, he's in business, megyn, for ten minutes. the zoning department walks across the street and says you've got to shut it down. because it's too much competition for restaurants. carts are not allowed. listen, now, to nathan. >> last time i went to the city council meeting, they were encouraging me to set up here. we're going to go to lansing and try to change the laws so i'm able to work instead of keeping kids my age from doing things like this that they want to do. >> reporter: now, here's the thing. the city says they would have notified nathan that he was breaking zoning violations, but when he left city hall, they forgot to get his information, so they couldn't call him. but they say rules are rules. listen. >> yes. i mean, it can seem like, come

on, he's 13 years old. but so someone comes in -- and we have this downtown where others have wanted to do food carts and wagons. we've told them you cannot do that in that zone district, so how do you say to a 13-year-old, but, yes, you can because you're 13? >> reporter: man, a lot of critics on this one. a lot of people in town very mad. some saying this is kind of the exact opposite of what the president was saying when he said you didn't build that. nathan did sell his hot dog cart to a local container store, and he can use it for special events. but now he says, look, i just want to go to lansing and get this law changed because the zoning regulations are just not very fair. megyn? megyn: trace, thank you. i just want to tell you before i let you go that there is a viewer named pj who thinks that i am sick, that the video is not funny. then we're getting e-mails about why he's shooting it while he's driving, but my producers were

telling me the camera was somehow mounted on the dash. anyway -- thanks, trace. if you would like to share your thoughts on the prank played by manny on his wife, follow me on twitter, @megyn kelly. coming up, vice president joe biden with this message to firefighters on the topic of mitt romney. >> part of the problem is i don't think he just gets you. i don't think he really understands -- i mean this sincerely -- i don't think he understands what you're all about. megyn: we'll have a fair and balanced debate about that next. and a gruesome discovery, the body of a mysterious animal spotted along new york's east river. what is this? what is this thing? taking answers to that on twitter as well, and stay tuned, because we're going to have a report from the woman who shot the pictures. >> when we looked at it, we thought this is a strange and bizarre creature. it's obviously not clear what it is. i think maybe it's, like, the biggest rat in the city or -- i

mean, perhaps it's a giant rat or a small raccoon? 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.

megyn: just to let you know, this is from ron, one of our viewers: to experience joy in striking terror in others is the classic definition of sadism. well, the president reportedly

trying to turn a new page in this campaign and get a bit more positive. did vice president joe biden get that message? here he is yesterday speaking to a group of firefighters about mitt romney. >> i think part of the problem is i don't think he just gets you. i don't think he really understands -- i mean this sincerely -- i don't think he understands what you're all about, what makes you tick, what makes you decide to go into this profession that you couldn't pay enough to 90% of the population, including me, to do what you do. every day. megyn: it's not the first time the vice president has gone after governor romney as out of touch. >> romney said the president's out of touch. out of touch? a guy who has a swiss bank account? [laughter] a guy who's apparently millions of bucks invested in the cayman islands? and my guy's out of touch? [laughter] guys, think about it. i'm being very serious.

i even said this to the press. did you ever think you'd see a presidential race where you're choosing between one guy who has millions of bucks in the cayman islands and a swiss bank account and another guy who's invested in america? megyn: joining me now, marc three seven who's a former speech writer for president george w. bush and julie ro begin sky, former adviser to new jersey senator frank i lautenberg and -- frank lautenberg and a fox news contributor. this is not the first time we've seen joe biden deliver the message that the other guy, you know, romney, they just don't get you, or the republicans, they don't get the real working class, middle class americans. they don't understand them. this is all in the context of arguing for a tax hike on wealthier americans, marc, and he talked about that wealthy people are just as patriotic as poor folks, they're just as deem as middle class folks, but no one asks them to do anything and that they need to understand better the concept of shared responsibility.

your thoughts? [laughter] >> well, i think, look, i think mitt romney has given them plenty of opportunities to make this kind of of attack from the swiss bank accounts in the cayman islands to the $10,000 bet with rick perry and all the rest. but let's not -- let's remember, barack obama is the guy who in 2008 said ha working class americans were bitter and were clinging to guns and religion. barack obama's the guy who said a couple of months ago that the private sector is doing fine. barack obama's the guy who said a few weeks ago to small business owners when it comes to their business, you didn't build that, someone else did it for you. so for them to say mitt romney's out of touch and doesn't get it is rich. obama has spent $100 million in the last few months on negative ads, painting romney as a corporate raider who outsourced jobs and who's destroying ordinary lives, and there's a new "usa today" poll that shows more than -- by more than a margin of two to one, americans say romney's record at bain

capital would make him a better steward of the economy. so i think when you spend $100 million on ads, on class warfare ads and it doesn't move the needle at all, 63% of americans disagree with you, maybe it's a sign you don't understand america. megyn: julie, is this class warfare? >> i don't think it's class warfare, it's reality. washington is holding middle class tax breaks hostage, basically, because the top 1% isn't getting what they consider to be their fair share. i haven't seen job creation in the ten years since george bush passed his tax cuts, so i don't know where this whole theme is coming from. i will say, look, just yesterday they voted to repeal college breaks for middle class families, tax breaks for colleges, they voted to really drastically lower the earned income tax credit for families, something even ronald reagan thought was a great motivator. so i would say the republican party has moved so far to the right and is so beholden to the koch brothers and others to fund

them that they have lost touch with reality -- megyn: what do you make, i'm going to toss it back to marc, julie, what do you make of the comment that thewell think are just as patriotic, the difference here is no one asked them to do anything? >> well, i think what he's saying, and sometimes joe biden is not the most eloquent guy, but i think what he was say anything that speech is that, essentially, what we saw yesterday is that the republicans had no problem, and mitt romney supports this, voting to trick the middle class of their tax breaks in order to make the very wealthiest among us -- megyn: how is he saying, how do can you green that? >> because i read the entire speech. megyn: no one asked the rich folks to do anything? >> the same way i gleaned that what barack obama didn't say about small businesses, if you take something out of context, then you can take any phrase and glean what you want. but if you listen to the entire speech, if you read the entire speech as i did, what he was saying was that the richest

among us right now have not been made to pay their fair share because what the republicans are doing is essentially holding their tax breaks hostage -- megyn: that doesn't explain no one asks them to do anything. i still don't understand. what does that mean, marc? no one asks the rich to do anything? >> they haven't contributed, they haven't been asked to -- megyn: he's saying nobody would do the job you do, including me, he says. you know, i'm not brave enough, basically. you tell me, marc, but he could be referring to no one asks the wealthy to go out and fight fires -- >> that's not what he's saying. [laughter] megyn: i don't understand julie's explanation for the differences no one asks them -- >> they're not being asked to pay their fair share is what he's getting at -- >> could i get in here, julie? i don't understand julie's explanation either, to be perfectly honest with you. obama's speech, he said to small business owners you people think you're so smart, and you work so hard, the context is worse than

what he actually said. but the reality is barack obama has -- the tax cut increases he has proposed according to ernst & young are going to hit 2.1 million business openers and they're going to kill 710,000 american jobs. this is a man who has presided over the weakest, longest period of sustained high unemployment since the great depression, and he wants toraise taxes on job creators. >> are you know what i -- can i -- megyn: quickly, julie. >> can i just get in on this? look, barack obama was not there in 2008 when the economy collapsed, george bush was. >> oh, stop talking about george bush. >> i'm not talking -- excuse me, you're blaming barack obama for something that is not his fault. >> he's the president. >> he's the president today. he was not handed a cadillac economy like bush was. he was handed a dump economy, tu guys don't want to acknowledge despite your job creation rhetoric, there has been no jobs created -- megyn: we've got to make that the last word.

gotta run. thank you both. as americans struggle to make sense of the movie theater massacre, the judge in this case has banned news cameras from the courtroom, at least for now. all this after the suspect's attorney asked for the ban. really? we don't get to see this man's court appearance, the victims' family members? i mean, there's over 71 families involved in this. they don't get to see him stand up and answer to these charges? no, they don't. kelly's court takes up that controversial decision. and she's the toast of tinseltown, just surpassing angelina jolie as the top-paid actress in america. now kristin stewart as a -- has a new starring role: that of home wrecker. just what is the fallout for her and one of the world's biggest-grossing movie franchises? that's next. >> for better or for worse -- >> to love -- >> to cherish.

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megyn:ing scandal in tinseltown as the stars of the hit twilight movies have a very public rough patch. stewart, who just passed angelina jolie as the top-paid actress in this country, admitting publicly to an affair with the director of her latest film, rupert sanders. he's a married man with two kids. stewart and sanders both issued public apologies in the writing after pictures in us weekly revealed the affair. joining me now, sandy rios, the vice president of family pac federal, and frazier citel. sandy, you actually think this is amazing that it's still considered a scandal. >> i'm shocked. and, actually, thrilled, megyn. i didn't know there were any standards in hollywood left, so i think the fact that reporters are saying she may be in trouble

with the box office and she's crossed the line are just refreshing. i mean, who knew? people are sleeping with everyone, and people are living with people having serial babies with lots of different fathers. i did not realize there was a line in hollywood anymore, and now i guess there is, and can thank god for that. megyn: she's come out and admitted to the interlude. he's, of course, married to somebody else, frazier. does this do any damage to this woman who has become a hollywood franchise? surpassing angelina in the money department? >> you know what it is, megyn? in this little girl's case, she's 22 years old and typical pampered, pretend white house, put-upon little girl in hollywood, she made $35 million from this one franchise, the twilight franchise, about vampires, and so she's already finished that. so she's really one stake in the heart away from oblivion. so she's got to take this seriously, and that's why she apologized which was the right thing to do. megyn: you know, there's a question about why -- she was, apparently, living with her

co-star, in love by all accounts, and then she gave an interview not long before this happened and said something like i'm so bored, i wish my life, i wish something would happen to me. do you think that could be behind this? >> yes, i do. and i think that, you know, she's living it in the extreme with all the money she's made and the fame that she's gotten. but i think this is probably exhibit a of what's happening to a lot of kids in our country because everything is coming easily. and they have so much, so young, so soon. they go to proms, and they rent all these big limos, they get rooms, they get champagne for proms! they go to europe for graduation, and they don't pay for any of it, and they've done so much and seen so much and had so much without the least bit of drop of sweat of their brow by the time they're just late teens that they do get bored. they have lost the real reason for living. they've lost the sense of achievement. and i think this is, actually, very sad. she's only 22 years old, and she's bored. megyn: it's unbelievable how much success she has attained at that age.

frazier, does she get past this? because you go online, and people -- the fans of this series are distraught. >> yes. megyn: distraught over this cheating scandal. >> yes, absolutely. they are distraught, megyn -- megyn: oh, wait, frazier. hold that thought because i want to show you a sample of one such distraught fan. watch this. >> [inaudible] i thought it wasn't real, but it's real. i don't believe she would do this. i feel so sorry for rob. i just can't imagine what they're both going through right now. [laughter] >> yeah. megyn, i must tell you, i had -- i felt the same exact way -- [laughter] and had to compose myself before i came on. but this is why, you know, $35 million is no fooling around. she apologized, which is good. now she's got to keep her nose clean. she's got to act and perform and stay out of trouble. also what i would recommend to

her, to just shut up, don't say anything else. hopefully, hire an adult to counsel her. and in hollywood you say will it hurt her box office? in hollywood morality doesn't count for anything. if you're box office, we will forgive you -- megyn: all is forgiven. >> we will forgive you. megyn: look at hugh grant. people magazine reports that rob has now moved out of the home the couple shares. he's moving on, apparently, and the question is, what should her next move be? >> well, i have a different response to that. i think she should take off her makeup, put on baggy, unflattering clothes and go serve in a hospital in the bush in africa for about a year. she needs a dose of what it really means to live and what death means and what sacrifice means and hard work means. and until she does that, there is no amount of money in the world that can make this girl happy or not board. megyn: now, that would be a headline. panel, thank you both so much. good to see you. >> thanks, megyn.

>> thank you. megyn: in three minutes, we told you about the montauk monster a few years back? now there's a new one. is this creature a double feature? it's a creature double feature. that's next. [laughter] >> we thought it was really,h of very, very bizarre and kind of gross, obviously, but looked -- ♪ one a day men's 50+ is a complete multi-vitamin designed for men's health concerns as we age. ♪ it has more of seven antioxidants to support cell health. that's one a day men's 50+ healthy advantage.

megyn: new details on a new york city mystery, this grotesque carcass washing up on the shoreline of mat hat tan. pictures have been circulating for days, and we have an exclusive report about what it might be. >> reporter: denise was walking along the east river this weekend with her boyfriend, and she saw this grotesque thing, right? it was in the sand under the brooklyn bridge on the manhattan side. listen to her. >> at first i thought the, like, some sort of horrible, like,

bloated carcass of a dead dog that had fallen in the river. but then as we got closer, it was like those aren't really dog paws, so we decided to climb over the fence and get closer to it to take better pictures. >> reporter: and these are the pictures. i mean, look at this thing. that's amazing, right? here is what she says she had no idea what it was, very weird, so weird that she wanted her boyfriend to flip it over so she could get a better look. the guys always get the best jobs, right? well, the boyfriend did do that. listen. >> he rolled it over, and it was -- i mean, i was concerned it was going to burst or something, it was horrible. but it was just kind of stiff, and at first it didn't want to bend as it rolled. it was gross. >> reporter: yeah, very gross. they posted the pictures on the web and, of course, everybody immediately knew what it was. of course, everybody immediately had 50,000 different theories about what it was -- a giant rat, a small raccoon, a deformed seal. the parks and rec said it's a

pig from a family cookout, except pigs don't have five fingers, right? pigs don't have long claws that can be used to grab kids out of cradles in scary movies. megyn: a pig? [laughter] >> reporter: it's very reminiscent of the montauk monster, your favorite back on long island last year. nobody's quite sure what it is. megyn: how do we pronounce that? >> reporter: cube baa look bra? that's a drink, sorry. megyn: apparently, they don't want to hear discussion. too bad? what is it? [laughter] all right, trace, thank you. taking your thoughts on that on twitter as well, at megyn kelly. lots to talk about. i'll tweet you back after the show. coming up, fallout for the fast food chain chick-fil-a after the company's president said his business supports, quote, the biblical definition of the family unit. the comments gained some praise but also opened a floodgate of opposition. we'll have a fair and balanced

debate just ahead. and bring on the meatloaf! the agriculture department bringing the plug to meetless mondays. and in honor of meatloaf, here you go. ♪ with the e-trade 360 investing dashboard. free streaming quotes, all your investments, positions, and even your trade ticket are all on one customizable page. see the 360 investing dashboard at e-trade. your doctor will say get smart about your weight. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes.

megyn: a fox news flash. the president's reelection team setting of damage control efforts. a brand-new our here of "america live." i am megyn kelly. it has been two weeks since the president made that you did not build that remark. a new gallup poll shows that nearly 60% of american business owners now disapprove of the president's job performance. just dirty 5% approve. to counter the new gop warcry, we did build it, team obama just released a new television ad featuring the president himself. in which he dismisses the attack against him, accusing his opponent of slicing and dicing

his comments. here is a portion of that. >> those ads, taking my small business words out of context, they are flat-out wrong. of course, americans build their own business. everyday, hard-working people sacrifice to create jobs and make our economy rights. megyn: bill, welcome. what does that tell you is, you know, someone who has worked in the white house. that of president george w. bush. the president is on was on camera china responded us. >> it is very rare if you have something that didn't work to go out and sort it back into the news by addressing it. it is very rare that policies should explain. there is a lot of internal polls saying that this is killing the president out there. i think there is the one poll that shows the standing that is held by business owners. megyn: is that attributable to that comment? isn't something we're you have

had some trouble with business owners before. is there evidence that that line of attack thathe president, you know, it is not just about the line that you did not build bat. the business owners have taken issue with this. is there proof other than the pool but this is not going over well at small businesses? >> i think a lot of that poll was taken before these comments. this comment didn't put his approval down to 35%. it comes on top of a lot of comments from the recent comment that the private sector is doing well, we need to help the government sector. i was recently googling through some of the speeches on the white house website, and i was just amazed at the use of the words profits. joe biden use it for gm, then it was a good thing. i think this is what they call in washington gas. where a politician inadvertently

tells the truth. he may not have told the truth about businesses, but he did so about what he thinks about these businesses. this is a guy and his own memoir that joked about working behind enemy lines in the private sector. megyn: the president has said repeatedly that what he is trying to get after would be -- it's not you deserve no credit for running around small business and a successful one, not you in particular. it is that others also help. he talked in his speech that got him in trouble about how you probably had a great teacher or if you had a a lot of customers, you had to have roads and infrastructures to help your customers get to you. it is not just you alone. he loves those people who think they are so smart. actually, we have aikido, let's listen. >> okay. >> if you have been successful, you did not get on your own. i'm always struck by people who think that it must be because i was just so smart.

there are a lot of smart people out there. it must be because i worked harder than everybody else. let me tell you something. there are a whole bunch of hard-working people out there. if you were successful, someone along the line gave you some help. there was a great teacher somewhere in your life. somebody helped to create this unbelievable miracle american system that allows you to try. somebody invested in roads and bridges. if you have a business, you did not build up. somebody else made that happen. megyn: was not a different message heard in context than the one that is being used against them? >> no, i think the context is quite clear. it is a matter of emphasis. what you hear from president obama and the emphasis that comes from him is always our government. there is very little emphasis on what steve jobs did. it reminds me of a story about a kid who takes over this patch of

garden by the local church. it has been neglected and he tends and waters and so forth. then the roses bloom and so forth. the preacher comes around and says, is not beautiful what god can do? and the kid said you should have seen what looked like when god was taking care of it. i think it is a matter of emphasis, nothing that is why this remark hurts. not because of the remark itself or the context, i think it is the larger context of this clash of visions, whether it is really the government that drives the economy or whether it is people within their own private initiative. megyn: either way, the president on camera himself, and add to respond tells us that we care paying attention to this. bill, thank you. >> thank you, megyn. megyn: the president's top advisor is now saying that the reason the obama campaign is gaining a negative perception is because of governor romney. we will show you the obama camp adds and we will have a fair and balanced debate about who's

being negative and why. the fight for syria and their future intensifies. the latest showdown as forces on both sides, the battle expected to escalate on both sides of the scale. the humanitarian crisis playing out for months as innocent civilians come upwards of 70,000, we are told, have been altered by their own government. they are not all angels, but there are hundreds, we are told for children, babies, women, civilians being murdered by their presidents regime. no one is really doing anything about it. the international community has done next to nothing. one young victim was buried by his family. his brother described the final moments of his life. >> there was a group of boys going to buy bread in a convoy of soldiers passed by and started shooting at them. my brother went to help one of the injured and he got shot in the head and died.

megyn: dominic dinatale is following the developments. >> this is just heartbreaking stuff to watch. more news is coming out about the bashar al-assad regime. take a look at the attack on a shelter for women and children. the city was under the oppression of the bashar al-assad regime. militants bear, there were women and children and you can hear their cries very clearly on the camera, running around. children are drenched in blood and being carried away. very shortly after that video was released, we saw the children who have also been killed. so many innocent civilians, women and children have died, clearly showing how things are intensifying today. and the intensification really is actually the word. the government finally putting

in an all-out fight for that city because it is by far the largest institution in the american forces to establish a regime in the center of the country. rebels heading towards the city should oust them after they have been pelted with fighter jets and helicopters. also, the last rebel stronghold is being counted by machine guns today, and really this is down as we become the only safe haven left for the rebels to strike anything meaningful against the regime. the rebels are on the back and the government is trying as much as they can to defeat the rebels. megyn: dominic, thank you. thousands of desperate syrians trying to save themselves, spilling across the borders into neighboring countries. the united nations says more than 50,000 of them have escaped we are told hotels in beirut.

there was a deadly attack on the president's inner circle. a popular fast food chain for its corporate corporate stance on same-sex marriage. it is drawing strong reactions from supporters and opponents alike. a fair and balanced debate on the fallout. something in the water since one little boy to the hospital. now there are questions over what he really encountered. new outrage after cameras have been banned for next week's hearing in the case of the suspected mass murderer james holmes. possibly, the rest of the trial. exactly whose interests are being protected? his interests for america's reign "kelly's court" takes it on next. >> something that people should be able to see if his reaction to the judge, meaning every victim. i just want him to realize that

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the. megyn: the reaction today to some controversial comments putting fast food chain chick-fil-a in the national spotlight. the company president and chief operating officer, dan cathy, told a christian news organization earlier this month that chick-fil-a supports the biblical definition of the family unit. he also said this in a radio interview. >> i think we are inviting god's judgment on our nation when we shake our fist at him and say that we know better than you as to what constitutes a marriage. i pray to god to see on our generation, that has such a prideful and arrogant attitude, the audacity to try to define what marriage is all about. megyn: it has been publicly known for quite some time that the family that owns

chick-fil-a, of which mr. cathy is a member, opposes same-sex marriage. his comments on behalf of the corporation has caused the reaction on both sides of the aisle, including strong praise from the national organization for marriage, but your criticism from others, including the boston mayor and the chicago mayor. these are two cities where megyn wants to explain. these are two cities where chick-fil-a wants to expand. he wrote a letter and said i urge you to back out of your plans to locate in boston. mayor emanuel said chick filet values are not chicago values. and the jim henson company says it will no longer offer the company any more of its muppet toys. joining us now is michael graham, columnist for the boston herald. welcome. alan combs is also with us.

the boston mayorand others saying they're going to deny chick-fil-a to set up shop in these places because they find the comments so offensive. what are your thoughts? >> the boston herald has reported in last 15 minutes that the mayor has stepped back threatening to withhold permits. he wrote the landlord saying don't let those people in here. the mayor is not the sharpest knife in the tour. he does not have the power to say oh, i'm sorry, you did not pass our police inspection. please fill out this vermin on how you feel about abortion and gun control, wearing white after labor day, which of the car -- in family members is still hot. finally, he is backing off a liberal position that we don't agree with you, your status as an american declines.

megyn: but there is a chicago gentleman by the name of joe marino, he said to the "chicago tribune" that he would deny chick-fil-a to open up a restaurant in his ward. is it appropriate for town or city officials to deny chick filet right to operate their business in their town? >> no, it is not great as much as i object, i think it is wrong for the government to say we are going to deny you the right to operate your business. they should not stop a business from coming in. they could speak out as ron emanuel day. megyn: what is the solution? if you cannot deny the permitting, what is the solution if you disagree with the company? >> i think it is fine for a mayor to speak out. saying they don't represent the values of chicago or boston and you are not welcome here to read

but i would not go so far as to say they would take legal action or legislate them from moving in. this is a company that over the last several years, since 1988, has raised 12 determination suits. they will not allow for gays to get married, is determination going on there? if they are breaking the law because of hiring practices, that is a separate issue. i think that needs to be addressed if that is the case. they have had 12 settled out of court cases over the last 15 years. megyn: 12 quirky this? >> i have had 12 quirky this since 1988. [talking over each other] topamax. >> i want to thank alan in his limited ways. >> my limited ways? >> i have been told my whole life that i'm supposed to make sure that that's.

[talking over each other] topamax. >> kinds of us to tolerate things that people don't agree with. these nitwit politicians, i won't tolerate you. that has to be the most that and official can take. megyn: the law of this country, it is not illegal to be a racist and to be a homophobe,, i'm not saying with this minute -- but that is not illegal. what is illegal to then discriminate against somebody on that basis. >> the issue that needs to be addressed is the business practices. did the business practices break the law. are they finding ways to skirt around. they do a great deal of due diligence for their franchisees. their independent contractors, they don't follow the same discrimination laws. as an employee for that franchisees, they are saying that we are going to make sure we have only certain people that we hire, for example, they closed the companies on sundays to the christians so they can

practice worship. but what about the muslims and jews? megyn: is it related to mr. cathy's comments? opposing same-sex marriage, or is it about a long line of history at chick-fil-a? >> it is history. look at the numbers and the company policies. [talking over each other] topamax. >> the merit has no idea. the mayor cannot name one. ron emanuel is denouncing them. lewis aircon is also involved. >> it has nothing to do with it. [talking over each other] topamax. >> reverend wright, al sharpton coming to actually attend democratic event. >> you know, you are just using this as a way to take a whiteboard, a two by four and five every democrat about

anti-semitism. discrimination is discrimination. bigotry is bigotry. whether it is anti-gay bigotry or anti-semitism. if you want to use this as a broadside to go after everyone. megyn: have to leave it there. he always says that if you have a company do you believe is discriminatory that you don't like, that is your right not to eat there. but he argues that you shouldn't have the government, and you gentlemen seem to agree, making the decision for america. more information is usually better. okay, thank you. forget casual friday, how about meatless monday? one government agency taking some heat for telling its employees to go green. veggie greens. we will have that story next. and the growing debate on the campaign trail over who is the most negative. the president's top advisor blaming governor romney's attack ads for tarnishing the president's reelection image,

making people think that the president has been more negative than an act he has been. is that it takes? we will have a fair and balanced debate next. a young boy and join us when ends up in the hospital with a bite taken out of his leg. no one is really sure what they have. >> he has a huge gash in his leg. i'm not sure what it is i ta insulin,

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megyn: more questions than answers today after something in the waters water since young boy to the hospital. it happened in ocean isle beach in north carolina. the 12-year-old was rushed into the emergency room after being bitten by what? it is not clear. his aunt thought it was a shark.

>> he has a gash in his leg. he has been bitten by something. it is a big deep gash. perhaps a sharp? megyn: first responders are not sure. they think the bite might've come from something smaller, like a blue fish. growing outrage towards the agriculture department after it encouraged employees to participate in meatless mondays. in a now retracted newsletter. they suggested going vegetarian once a week, warning that meet reduction contributes to climate change your trace gallagher is live with the fallout. reporter: the reason this struck such a nervous because the usda is in charge of promoting and policing farmers and ranchers. promoting meatless monday is kind of like the faa are moaning a flightless friday, telling people not to fly on fridays. the deal is that disappears in a

newsletter, write? and the told employees to go green, suggesting things like efficient lightbulbs and energy efficient routes, and because ranching leads to climate change and because of health concerns. the idea was quickly condemned him as he may have imagined by the president of the national cattlemen's association, and the kansas gop senator jerry moran had this to say. >> we export me and beat around the world, and yet our own department of agriculture encourages people not to consume meat. mr. president, i think i will have more to say about this topic, but for the moment, in light of the kindness that was extended to me by the senators, i would yield the floor. reporter: he yielded the floor, but he also wants the usda to explain itself. now the usda has. they say that the meatless monday memo should never have been issued because it did not

-- it was not authorized by the department and they had no idea how it got in there. the usda says it does not support meatless mondays, and that number has now been taken off of their website. megyn: all right, thank you. the president's top advisers says that the reelection effort of president obama is negative. they say that is governor romney stall. david axelrod says that mr. romney's campaign has been so negative that his charges that president obama has been negative are unfair. we will have it fair and balanced debate next. and no cameras are allowed in the courtroom for the trial of james holmes. a judge has agreed for now. but what about the interest of the victims and their families? "kelly's court" takes on that ruling just ahead. >> colorado has a victims rights

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these kinds of plans could save you up to thousands in out-of-pocket costs... you'll be able choose any doctor who accepts medicare patients. and you never need referrals. so don't wait. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. this easy-to-understand guide will answer some of your questions, and help you find the aarp medicare supplement plan that's right for you. megyn: extreme weather alert for you now. we are tracking severe dorms in the great lakes and ohio valley areas. high winds and lightning are expected, and tornadoes could be a real possibility. we are keeping an eye on this developing weather story. you can check fox news.com for

more. >> they suck the life out of us. >> does virginia really want an outsourcer and cheap in the white house? mitt romney has never stood up to china. all he has done is send them our jobs. megyn: that is just a sampling of some of the ads supporting president obama's reelection effort. some of those negative ads potentially influencing a new wall street journal poll that shows more people think president obama is running a negative campaign than believe mitt romney is doing the same. when asked about the negativity, the president's top advisor, david axelrod, said this. he might the respondents said that the obama campaign was running the more negative campaign than the mitt romney campaign. partly that is because the romney campaign and their

friends in the super pac world have just spent tens of millions of dollars, specifically accusing obama of running a negative campaign. i'm not surprised to see those numbers. >> so it is not your negative ads, it is their negative ads accusing you of being negative? >> i think that that had an impact on the numbers. there is no doubt that we have been taught and we have raised questions that need to be raised and frankly still have not been answered about governor romney and about his tenure in business and tenure in massachusetts. that is part of this process. you get scrutinized in this process. megyn: joining me now is mark hanna, a former aide to john kerry and barack obama campaigns. ben ferguson who is the founder of icon radio network and the radio host of the ben ferguson show. hello to both of you. >> hello. megyn: there you have david axelrod saying it's not really

so much that we have been negative, but that we have been portrayed as negative by the other side. let me start with you on this as a democrat, mark. is that true? is that fair? >> there is enough blame to go around. there is no question whatsoever that this is a symptom of a larger problem of negativity in our clinical system that has run amok and rent it. it is greatly unprecedented. we wonder why fewer than 50%, in some cases, people participate in presidential elections and it is completely because of the negativity. >> they are disgusted. he did say that the super pac that were supporting mitt romney are the ones that are attacking president obama, and that is true. megyn: well, there are super pacs on both sides. they are very negative. both sides are very negative. >> but i think that what you're saying now is what are the things that barack obama can run on? he cannot run on the economy and

he cannot run on lowering the unemployment numbers. he can't even run on obamacare because it has become popular. his campaign is in an awkward situation where the only thing they really have an option of doing it either defend him on the timer you go negative and get on the defensive. megyn: go ahead, mark. >> are you going to weigh in on the topic of negativity by hurling a bunch of accusations against obama? megyn: let me jump in here, let me jump in with numbers. according to sagitta press, 57% of obama's tv ads have a negative 91% of the super pac supporting him. fifty-seven from president obama himself and 91% of the negative ads. three quarters of his ads have been critical of mitt romney. romney has also been negative, 67% negative from the romney camp and 83% negative from his super pacs. point, i think that joe scarborough was trying to get at

was that this is the hope and change campaign. you know, they want us to believe that they are not running a negative campaign, but the numbers show that they are. they both are. >> it is definitely a trend over the past 10 or 20 years, campaigns have gotten consistently more negative and there are consequences for this. the same wall street journal poll showed that these trends, it also showed that over 40% of respondents said that the more they learn from the less they like both of them. this is a problem for american elected leaders. both of these guys, when you think about it, they are guys that love their country regardless of whether you believe with them or not. these are the guys that love their country and wake up everyday trying to drink than their country and they are losing faith. people are losing faith. >> sometimes telling the truth is not a fun thing. you have a tough economy, you

have high unemployment and you are not popular with the american people, it is really hard to run a campaign in a positive way because you can't say here are my successors. this is what i have done for the last three years. give me another four years so that there is not a lot of options for barack obama to tell the truth on those numbers. megyn: let me ask you this, then. what you do you make of david axelrod coming out? why not just be honest and say what he told joe scarborough, which is this is a tough campaign. there are going to be rough-and-tumble days for both sides as opposed to the first answer, which as it is not so much that we have been negative, it is that mitt romney has told people that we are negative and people believe that we have been negative one we really haven't. in fact, the ap shows that they are negative. of course they are. they are both negative. >> if you are david axelrod, think about how awkward this is.

you won the presidency on two words, hope and change. and it was a brilliant campaign. you did not have to talk about serious issues. you talked about being this hopeful, loving, put your arm around ukiah and going to put you back to work. everything is going to work out and then they got the job and realized that it is not that easy. it hasn't done that well. >> then, you don't sound very positive right now to i am just telling the truth. >> you could tell this campaign was going to get really negative when mitt romney, before criticizing the president on campaign started out, you say things like barack obama, for all i disagree with him, he is a nice good guy. he cares about country life. you had right wing talk radio host jumped on his throat and say they are on the fringe element of the right-wing right wing of the republican party jumping down his throat. mitt romney is above this.

he is a classy guy. because of the political process that we have right now, he has degraded his rhetoric and he can't pay his president a compliment without getting, you know -- [talking over each other] [talking over each other] [talking over each other] t.a.r.p. megyn: i would begin to say that when anyone says that, since it's sure to follow. >> this is the reality of politics and this is going to be an ugly election because it is two different people trying to explain how they're going to do things differently. i say lead by example, but the campaign is in crisis mode. this is their options and what they will have to do to try to win. >> i don't know about that. >> this is an evil, scary guy that fills jobs overseas. megyn: i don't know. they have been doing the ads for a while. they have been saying how they believe according to the reports of the campaign, they are not that effective. the least on bain capital the ads are not working. the president trying to shift to something more positive,

believing that might be beneficial. we will see if they continue in that direction or not. thank you both coming up, the judge in the colorado case has now decided to ban news cameras from the courtroom, at least for now. this after the suspect in the movie massacre asked for the ban. his words is that he does not want to be on camera and he should seek answers for what he starting next monday. is that her for the victims? for the rest of america? "kelly's court" takes on that ruling next. >> he wanted the attention, so l think he should geegt every bit0 it. especially the bad attention he's rs? getting. the experts at imperial can convert your long-term payout into a lump sum of cash today. did you know honey nut cheerios is america's favorite cereal? oh, you're good! hey, did you know that honey nut cheerios is... oh you too! ooh, hey america's favorite cereais...

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megyn: "kelly's court" is back in session. on the docket today is a ban on cameras in the case that captured the attention of the nation. a judge deciding to ban cameras for the colorado shooting suspect, james holmes, and possibly thereafter.

that is one formal charges are expected to be filed against the man accused of killing 71 people. the judge says that he made the objections by the suspect's attorneys. they don't want him to be filmed, and now they won't be. he would not get into the specifics of why. now there are questions about what this could mean for the trial and the victims, their families, and the american public. we have taken interest in the case for obvious reasons. one woman who survived the ordeal says that she wants the cameras in. >> he wanted the attention, so i think you should get every bit of it. it especially the bad attention that he is getting. i think people should be able to see his reaction to the judge naming every victim. i just want him to realize that he is not so tough anymore. megyn: joining me now is former defense attorney, excuse me, prosecutor trent eight and brian

claypool who is a defense attorney. you tell me, mark, white is why this in your view is the right decision? >> well, personally i don't. but legally i think the judge might be on solid legal footing right here. he needs to be able to keep the cameras out of the courtroom. the strongest argument he will hang his hat on as it would interfere with the decorum and dignity of the court. and he could again point to numerous public trials or you have the frenzy going on in the third one is a catchall. it is like any unique adverse effects from it, could cite the potential, copycat killers that want to watch every detail, those who would hear from the defendants and one copy of that. i just think this is going to end in conviction and the judge probably wants to minimize the issues on appeal.

megyn: you know, it can be cathartic for the surviving victims and family members. not all of them can travel to the courthouse and weaken the security lines and so on. not all of them want to be in the same room with the defendant to watch justice as it is served. that is the argument on the other side. not to mention our nation's interest in this case. >> megyn, you are right. this massacre, unlike other crimes, impacts everybody. it is not just a crime against the family. impact everybody. not only the families and relatives of the victims, but you and me and mark, we all have children. i have a six-year-old girl. there was a six-year-old girl killed in the movie theater. we no longer have an expectation of safety in the movie theater. we have a right confront us james holmes by watching him in court. i think this is a wrong ruling and i think that people are angry, they are grieving, and this would be a conduit to allow people nationwide to work

through their anger and grief and watch this trial and work through this. to deprive all of this of this, i think, is very insensitive. it is very capricious ruling. megyn: what is the rationale? was going to happen on monday? was what is the rationale for allowing cameras in this week, seeing this defendant with his crazy hair and strange demeanor, but then not letting us see him actually answer to the charges that were brought against him? >> only the judge knows. i'm speculating, but maybe the judge says i will try out this camera thing and see how it goes. perhaps he didn't like the frenzy that's wrong with it. perhaps he feels that it is going to adversely affect this. no one is going to buy this insanity of defense. he is going to be bouncing around the appellate courts for 20 to 30 years or the judge lessens or eliminates the main arguments, that the adverse

publicity back affected his right to a fair trial. megyn: it depends on the judge, but judges don't tend to like cameras in the courtroom. it leads to grants -- grandstanding, and a lot was ruined for having cameras. >> you are right. judges don't like cameras. in california, hardly any judges allow cameras. probably because of the o.j. simpson trial. again, this is a unique case, and i think mark will agree with us. jury trials, as they are, are low stage drama. i don't see how this is going to impact the decorum of the courtroom. this is how to testify, had addressed them this is no different than having a camera in the courtroom. people are early in the courtroom. megyn: go ahead, mark. >> megyn, we are talking about -- brian raises an interesting argument. it is what the victims want. here's what they might not know. the system bends over backwards

to detect his rights. it may anger them more than they could possibly know or. megyn: is this going to be -- so far it is covering monday's hearing, right? is this a ruling for the rest of the case? >> i don't believe that the rule will be out forever. >> it's going to be ruled out on monday, what is the odds that he will do so on trial? >> i agree. quite frankly, the founding fathers wanted open courts. the cameras simply give us an extra view. megyn: that is my next point. the attorneys in this case, we are not allowed to hear from the lawyers -- what is this? house how is all of that going to poisonous? we hear from lawyers all the time, that is what the jury is for her, to read out those that have an inherent bias. >> you are right. what makes a good point about the founding fathers that want

to protect the defendants and preserve the appeals. enough is enough. as the most unique, massacre ever. this is arguably the biggest massacre ever in our country. everybody in this country has a right to see what is going on. everybody wants to know what is going on. when i heard the news of this, megyn, my reaction was are you kidding me? i wanted to be able to see what is going on as the father of a little girl. i want to know what is going on. people across this country should not be deprived of that. i encourage people to write letters to the judge. write letters and put the pressure on. megyn: go ahead, mark to listen, let's not pull out the pitchforks. we want this process to be done early so we don't have to repeat it in 10 or 20 years, doctor that there is some appellate court that finds something done improperly. that is something to consider. we don't want to go through this ever again. megyn: that is true as well. we will see how it is handled on a go forward basis. gentlemen, thank you so much.

coming up in a on a recent mission to the international space station sparking a new space race here on earth. there is a whole lot at stake. we will explain. >> elkin nine has cleared the tower. [ male announcer ] this is rudy. his morning starts with arthritis pain. and two pills. afternoon's overhaul starts with more pain. more pills. triple checking hydraulics. the evening brgs more pain. so, back to more pills. almost done, when... hang on. stan's doctor recommended aleve. it can keep pain away all day with fewer pills than tylenol.

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megyn: a new space race with florida, texas, and puerto ricod with spacex. there is a whole lot at stake for thousands of high-paying jobs on the line. reporter: hello, megyn. it is the dawn of a new space race. a private commercial one.

we are talking about the spaceports of the future. >> unlike the cold war space race, this one is between private aerospace and the state line for a big payload of well-paying jobs. spacex is riding high on its historic mission to the space station, now wants a second launch facility. so florida and texas are hit hard by the space shuttle's retirement offering millions of dollars worth of incentives. in florida, that includes the old shuttle launch pad, 39 a. >> right now there is an abundance of infrastructure that is theircommon that is either access or underutilized by either nasa or the air force. >> texas is offering this undeveloped bronzeville site on the mexican border. pointing out its closer proximity to the equator, faster rocket launch, less fuel and

cost savings. not just for spacex, but a handful of other space ventures in the pipeline, including blue origin, bowling, and sierra nevada. even space development dreams can be bigger in texas we met keep in mind, we are not just talking about real stations or something like that. we are talking about a port of the solar system and eventually to the stars. >> spacex's primary launch, that is in florida. where it goes between florida and texas and puerto rico, no hints from spacex yet. megyn: phil keating, thank you. the web chatting service skype is making it easier for you to talk while also seeing friends and family. now it is raising concerns about eavesdropping. who could be listening to you? that is coming up next a party?

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>>megyn: former congresswoman gabrielle giffords reaching new heights atop the french alps less than two years after being critically injured by a gunshot to the head in tucson, arizona. she