what concerns me we have five months to do balanced -- >> that my question is regarding the president -- >> refusal to acknowledge to have to pay their fair share. >> sir, it is my time. megyn: i don't know about you, i have a lot of faith things will get done, watching that kind of exchange. >> well, you know two things. one, this is why people hate washington and this is why incumbents are in bad odor this year. that is in both parties.

this total gridlock, total impasse on a dealing with stuff is looming everybody knows is coming. of the it is understandable there is anti-incumbent fever. democrats may lose control of the senate. if i'm president obama looking at this sucker, this reinforces how failed washington is. if you're the president you're not elected to join in the complaining. you will take the blame. megyn: something gets done after the election, you've been saying that for a while now. but we have to go through this ruse prior to that. in an effort to try to get something done when everyone knows it is not going to happen. >> keeps us busy down here. megyn: good political theater. chris, thank you. >> you betcha. megyn: as washington struggles to confront a fast approaching fiscal crisis, showing economic recovery is still shaky. first the weekly unemployment report is out today. the number of americans seeking jobless benefits filing for unemployment

claims coming in around 365,000 for the week. economists tell us we need to be below that number for a number of weeks to see the overall unemplo rate drop. new signs of weakness in manufacturing today. companies placing fewer orders to factories. that is the first decline in four months. one positive note, retailers like costco and target reporting strong sales last month. tomorrow we get the the monthly jobs report. the forecast as of now isn't good. some reports are warning we have at that take these numbers with a grain of salt, that seasonal factors may be to blame for the bad numbers expected. coming up charles payne will join us what to expect and what the numbers likely will new details emerging about the colorado movie murder suspect, james holmes. two big issues today with him. number one, we're learning that

his psychiatrist reportedly warned the university of colorado about his behavior just weeks before the attack but no action was taken. holmes allegedly opened fire inside of a movie theater two weeks ago. twelve people were killed, more than 50 others injured. trace gallagher live in our west coast newsroom and the other piece of breaking news on james holmes today. trace? >> reporter: the program is called beta, and it stands for behavioral evaluation and threat assessment. it's made up of a group of on-campus experts, and the psychiatrist that he was seeing, lynn fenton, was among those. in fact, not only was she a member of that group, she actually wrote the policy for the group. in early june she reportedly informed other members about her concerns involving james holmes. but on june 10th holmes dropped out. the threat assessment team believed it had no control over holmes once he left the school, so it didn't pursue that, right?

the chancellor has now issued a statement saying, and i'm quoting here: i believe until it's been demonstrated otherwise that our people did what they should have done. but now many critics are asking if that's true because if campus police were involved, which the school policy says they were involved or at least they were supposed to have been involved, why didn't they further check into james holmes' background? why didn't they notify other why didn't they notify other . the answer is they couldn't because campus police are not privy to whether or not he was buying up weapons and ammunition. only if he was looking for a concealed weapons permit would that information be available to the schools or the police departments, and we should note that on the day that he notified the school that he was leaving, a few hours later, megyn, he went out and he bought an

assault weapon that afternoon to add to the cache of what he had already bought. megyn: so many questions after the fact. trace gallagher, thank you. the other piece of news that we wanted to tell you about is that we are now getting our hands on an eye-opening, new interview in connection with this case. now, the interview is by a radio station with an mtv celebrity who has, who's putting out a movie that's sort of a takeoff on the batman series. and this movie is going to be a bit more violent and a bit more sensational. anyway, he says that james holmes, the gunman in this movie massacre, was apparently a big fan of the trailer that he had released for his movie and contacted him twice weeks before the killing spree. >> he kept pressing if i could give him more information about the story, like, where does it go. you know, the part where he opens fire -- >> the batman type figure. >> yeah, the batman type figure,

he wanted to know is it selective killing, does he make a list, or is there just a mass body count throughout the whole move be i have? megyn: we have much more of that interview to play, plus we will explore the new questions about who knew what ahead of holmes allegedly opening fire coming up. plus, the senate's top democrat is facing major backlash today after he doubled down on his earlier claim that someone told him that governor mitt romney had not paid taxes for ten years. is it time for mr. reid to reveal that someone's identity? and there were record-setting lines at chick-fil-a yesterday. folks supporting the embattled owner of the chain and his right to voice his personal views on the topic of gay marriage. we'll speak to one of the people who organized the effort as the debate over free speech rages on. >> what is dan kathy say anything his opposition to gay marriage? that it's different.

that is incongruent with the president of the united states, barack obama, held six months ago on the same issue. he was opposed to gay marriage. does that mean if for the first three months of the obama presidency he was a bigot who was deserving of ostracism and social punishment? you know whai love about this country?

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megyn: a fast food chain at the center of a national debate involving free speech is now confirming a day of record-breaking sales. customers turning out in droves yesterday for chick-fil-a appreciation day. lines stretched for blocks from houston to boston and other cities across this country. some locations reportedly closing early because they ran out of food, there was so many people. all of this after the chain's president was slammed by some for his support of traditional \. traditional marriage.

some big city mayors saying chick-fil-as are unwelcome in their towns and each threatening to block the business' ability to do business in the town. now many say it was a stand for free speech. our next guest is a member of a state's coalition proo moting chick-fil-a appreciation day, a nationally syndicated radio and it's host. doctor, welcome back to the program. so what did you make of what we saw in this country yesterday? >> well, i was gratified by the great response, but i want to make sure people understand this was not about chicken sandwiches or gay marriage, it was about government's continuing assault on religious freedom. i mean, you have the mayor of chicago, rahm emanuel, other mayors, even your city council speaker there in new york who said they would use their position to block chick-fil-a's expansion because of the religious views of dan kathy. now, look, rahm emanuel and his

buddy, barack obama, may want to turn america into a fascist nation, but they haven't done so yet. and until they do so, we're going to push back with frosty against these -- ferocity against these attempts to limit religious freedom in america. megyn: there's really no question under the law that the government cannot stop a business from opening in a town based on the views held by its owner. i mean, that is -- that's, we have a thing called the first amendment in this country. but it's a different story if people want to go out and say i don't want to give chick-fil-a my business because i support gay marriage, and the owner of chick-fil-a does not support gay marriage, and we have differences of opinion on that. do you have any problem with that, or do you think as mike huckabee suggested earlier on fox news that, too, raises certain problems in this country? >> well, mike's a good friend, and i respect him tremendously. personally, i celebrate the right of gays to go out tomorrow and have a kiss-in at chick-fil-a. i won't be there, but i respect

their right to do that. but that's not what this is about. this is about government intrusion into religious beliefs. last night, megyn, on our local fox affiliate i debated the lesbian pastor of the largest gay church in america, and i said if government wanted to deny you a permit to build your church because you support same-sex marriage, i would stand right alongside you and support your right to be wrong. this is just part of the liberal playbook. they believe that free expression only applies to people who agree with them, and they are the first in line to suppress the religious speech of people they disagree with. megyn: and i want to clarify, what governor huckabee was saying, he said, look, the owners of ben and jerry's and starbucks and other organizations have perm views with which i disagree, but that doesn't mean i don't have their product, and we're on a slippery slope. it's not like chick-fil-a only serves, you know, straight men

and women. it's just the personal views of the owner. but listen, i want to ask you this, pastor, because this country has a long history of discrimination against certain groups, and eventually we wind up getting it right, right? i mean, against women, against blacks, the civil rights movement and so on. and in justifying that discrimination when it was in place, some folks turned to the bible and turned to their religious beliefs and said we have to have slavery because it's in the bible. women have to be second class citizens because that's in the bible. blacks and whites can't get married because it's in the wile. that wound up in a case, a judge wrote that in an opinion that was struck down. why is gay marriage any different? >> well, first of all, i asked this gay pastor last night on television if you belief in the rights of gays to marry, do you also believe in the rights of

polygamists to marry? that's not a far-fetched issue, megyn. as you know in 2003 when the supreme court stuck down our state's sodomy laws in the lawrence case, immediately a polygamist in utah filed suit against the federal government saying if you can't discriminate against homosexuals, we who are polygamists ought to also have the right to marry as well. look, i am not for discrimination against homosexuals or any american citizens. they have the full rights afforded by the constitution. but the right to marry has not yet been determined a constitutional right, and that has to have it say in the court. but until then we ought to have a free exchange of beliefs, and government should not try to express or, pardon me, suppress those beliefs with which it disagrees, and that's what this chick-fil-a controversy has been about. megyn: do you feel that there's been, you know, a failure to remember what charles krauthammer said in that sound bite we played going to the break which is the owner of chick-fil-a so posed to gay

marriage, his christian beliefs don't support a belief in gay marriage. as charles pointed out, president obama had that same view up until about 30 days ago and made very clear that he believed based on his christian beliefs he couldn't support gac marriage. >> yes. and let's make it clear, the president has now gone back and forth three times on this. when he was a senator in illinois, he was for gay marriage. then when he ran for president, he found it convenient to be against gay marriage, and now that he's running for re-election, he found it convenient to be for gay marriage. let's give the the benefit of the doubt, but those saying we are bigots because we adhere to the biblical definition of marriage, one man with one woman in a lifetime relationship called marriage. that is not being bigot od to espouse what jesus taught.

megyn: let me ask you one other question before i let you go. the u.s. supreme court has not yet ruled gay marriage is a constitutional right. if it does, if it does, then do you get behind snit do you let that -- it? do you let that ruling trump your religious beliefs? >> no ruling by a secular court is going to trump my spiritual beliefs as a christian. but i predict that the supreme court is going to strike down all laws banning same-sex marriages in states. i believe that's the trend we're headed on. but whatever a secular court does not change the eternal truths of of god's word. megyn: dr. jeffers, thank you so much for being here. >> thank you. megyn: now try and wrap your head around this one. solo, synchronized swimming. don't you need someone to synchronize with? [laughter] wait until you see our report on olympic sports from years gone by. serious accusations from the senate's most powerful democrat. the majority leader, harry reid,

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megyn: fox news alert, kofi annan said thursday that he will quit his high profile role as special envoy to syria at the end of this month, delivering blistering criticism of world powers' failure to unite to stop that country's escalating violence. annan says finger pointing and name calling within the u.n. security coup sill is part of the -- council is part of the reason he will leave at the end of august. the white house blamed china and russia for blocking efforts to reach a u.n. peace deal. we will have much more with

ralph peters and ollie north in our next hour. there are reports today that president bashar assad of syria is hiding and in fear for his life. he sent a message urging his military to step up fighting, but it does not provide a clue as to where he can be found, leaving one to wonder what role he's play anything the violence playing out on the streets of syria. dominic di-natale has more from jerusalem. >> reporter: hey there, meg. president bashar assad not appear anything public for two weeks certainly raises a lot of questions, especially as his presidential palace saw fighting very close to it in the past 24 hours. it was believed that his family at one point might have actually already fled to russia, his wife and the three children there, and there was speculation even that he, too, could have been considering it. but he did appear on tv just as those rumors were coming out two weeks ago. the rebels now claim -- sorry, the regime reckons it's gained

control again of damascus. you'd think he'd want to make himself seen, so speculation now mounting, meg, on where exactly he could be and when next he will appear. and it comes on a day that aleppo rebels are gaining heavy weaponry to fight against the helicopter gunships that have been pounding it. the united nations very concerned about the amount of weaponry the rebels now have because today reckon the kind and scale of fighting we've seen so far could escalate really out of control and cause even higher casualties than we've seen so far. the u.n. saying today that it estimates that over the weekend we'll see the number of dead surpass the 20,000 mark, meg. back to you. megyn: wow. dominic, thank you. well, an l.a. radio station is now allowing us to play for you the details of a bizarre phone call made by suspected

colorado shooter james holmes before the shootings. he reached out to an mtv host and film maker with a call that may have revealed his interest in the villains that alleged by inspired his massacre plans. listen. >> guy was like really, really immersed in this character. like, not just the character of "batman," but the villains too. he talked about the joker -- >> did the kid that you talked to on the phone strike you as being lonely, depressed? >> definitely. megyn: we'll take you in depth on what we have learned today in addition to the facts about how now we know his psychiatrist tried to warn officials at the university of colorado about this man weeks before the shooting, and nothing was done. and a business owner grabbing national attention for his response to the president's you didn't build ha -- that comment. the sign that has gone viral. we'll hear from him just ahead. >> i thought, you know, i'm going to do some type of a

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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. megyn: senate majority leader harry reid is taking new heat today after doubling down on claims that republican

presidential hopeful governor mitt romney did not pay taxes for a decade. he first made this claim during a speech on the senate floor back in mid july. initially, it didn't get a lot of reaction. >> his father, george romney, set the precedent that people running for president would file their tax returns, let everybody look at them. but mitt romney can't do that because he's basically paid no taxes in the prior 12 years. megyn: mr. reid then repeated the allegation during a more recent interview with the huffington post, saying he is not basing this on some figment of his imagination, but that more than one person has allegedly told him this. none nonetheless, he declined to name a source. and today again he took to the senate floor and said this: >> so the word's out that he hasn't paid any taxes for ten years. let him prove that he has paid

taxes, because he hasn't. we already know from one partial tax return that he gave us he has money hidden in bermuda, the cayman islands and a swiss bank account. megyn: okay. joining me now to debate it, mcthiessen, former speech writer, also julie roginsky former political adviser to new jersey senator frank lautenberg. so i love it because he goes to the senate floor, he doesn't get attention. then he gives an interview to the huffington post, then he goes back to the senate and says, the word's out. [laughter] thanks to you? you tell me, marc thiessen, whether this is appropriate for the senate majority leader without name ago source and taking to the senate floor to do this? >> oh, absolutely. fair game. okay, i'm going to make some news on your show, megyn. the word is out that for the past ten years harry reid has been beating his wife. do i know that? do i have any proof? but the burden of proof is on

them to prove that he hasn't been beating his wife. that's essentially what harry reid just did -- megyn: he used that term, saying he's got the burden of proof. >> yeah, he says he's got the burden of proof. he says the word is out. well, what does the word is out mean? he admits he doesn't have any proof. in fact, this is the quote. he said, do i know that that's true? well, i'm not certain. but i don't think that the burden of proof should be on me, the burden should be on him. he's the one i've alleged has not paid taxes. i mean, that's orwellian. jon tow wart had it right the other night when he said rule of thumb when you make an accusation and you have to follow with the words "that's not true," it's time to shut up. this is not the first time the democrats have done this. just a few weeks ago the obama campaign accused romney of committing a felony over his tenure at bain. so i think the democrats are just desperate to change the topic to anything but the fact that they have presided over the

worst job creation record since the great depression, and so they've chucked hope and change in exchange for one of the dirtiest political campaigns in recent mitt romney. megyn: julie, let me ask you this. as a pundit, somebody who comes on television and you work for democratic lawmakers, if somebody called you up and told you i believe the guy didn't pay taxes for ten years, would you then repeat that on the airwaves? >> well, you know, go back to marc's point about harry reid and beating his wife. if there were police records existing about harry reid and he didn't want to release them, then, yeah -- megyn: no, no. >> there are taxes out there. megyn: do you think that that is responsible? >> please. megyn: would you do that? >> i think it is silly season in politics, and i think politically it's a brilliant move on harry reid's part. is politics fair game? no. is harry reid doing something as a democrat? of course. megyn: he's got power, julie. people listen to the senate majority leader, and they tend to believe, i think, the senate

majority leader. >> well, disprove it. release the tax returns. there's tons of republicans saying it including bill kristol among others. megyn: you know what, though? there's also a lot of left-wing blogs today that are saying shame on you, harry reid, that's not appropriate. there's enough going on in this election that we can have a debate on the merits, we don't have to create these issues based on an imaginary friend, or he maintains it's not imaginary. [laughter] >> put it this way, did mitt romney pay no taxes? did mitt romney pay fewer taxes than most people? did he pay his -- megyn: why can't we have that debate? we've been having that debate, right? should mitt romney release more taxes, why can't we just have that without harry reid and his alleged source? >> we are having that debate. megyn: that's for marc. >> i agree that mitt romney should release his taxes, but he has agreed to release two years of his taxes two. weeks ago mcclatchy news asked all 535 members of congress to

release just one year of their tax returns, and they reported, quote: among those who refused was senate majority leader harry reid. so what is in those tax returns, megyn? i'd like to know. what the heck, let's speculate. is he taking money from corrupt casino moguls? is he on the take from the las vegas mob? the word is out that harry reid is corrupt. [laughter] i have no proof. i have no evidence whatsoever that harry reid is corrupt, but i've made the accusation. let him prove that i'm wrong. megyn: you tell me, julie, because when you have jon stewart taking to his airwaves, he is no conservative pundit, and ripping on you for among other things he didn't like how harry reid then said mitt romney's father, his deceased father, would be ashamed of him. here's a taste of that, by the way, and then i'll get you to react. >> can we change that, please? yeah. [laughter] i cannot be you just put dead dad shame on mitt romney. [laughter] as someone who has truly and

thoroughly disappointed his still-living father on many occasions -- [laughter] let me just say that is a [bleep] shot. megyn: julie? >> you know, i've got to agree with jon stewart on that one. i wouldn't go the dead dad route. megyn: you're torn, because you've got stewart and harry reid. >> i'm not sure i'd be saying anybody's dad is ashamed of them, living or dead. i do think working for wealthy politicians, today released his taxes, and i think harry reid should release his. i think every official running for high office should release their tax returns because we, the voters, need to -- megyn: i feel nosey. i don't know, i don't want to see harry reid's -- yes, i know, i know -- >> you want to know where they're investing. megyn: i feel like i'm looking at my neighbor with their bathrobe off. no, i never did that. i swear. erica, i swear.

[laughter] stunning new developments in the case of a woman whose alleged boyfriend was found guilty of murdering her husband. actually, this is kelly's court. this guy -- okay, so she's allegedly having an affair with a man. that man has now been convicted of murdering her husband. he was convicted despite his claims in open court that it wasn't, it wasn't really his fault because it was of the voices of olivia newton john and barry white who he said made him do it. he got convicted, surprisingly. and guess what? she just got arrested. it's a crazy case, and it's if kelly's court today. plus, new concerns that the movie theater massacre could have been presvelted if someone paid aattention to warning signals from the accused gunman, that his psychiatrist tries to warn officials at the university of colorado along with an update on this bizarre call james holmes allegedly made to an mtv star weeks before the tragedy. >> he asked me what as the

writer why i chose the caliber of gun that i used. he said, you know, don't you think you could put a bigger gun in his hands than a smaller caliber weapon, and he was just like, man, that's the one thing i'm disappointed. it should have been a biggerare gun, you know? 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: two big, developing items today in the colorado theater shooting. first, we got a report earlier that the psychiatrist seeing the alleged gunman, james holmes, warned others at the university of colorado about his behavior in the weeks ahead of the shooting but nothing was done. we're also hearing about a bizarre phone call made to an mtv star prior to july's deadly attack. the guy's name who received the phone call is diggety dave. he went on a local radio station and said that a young man calling himself james holmes phoned him in june twice about an upcoming film that this guy was working on. the sort of a takeoff on the

batman series called "the suffocater of sins." holmes allegedly saying that he was obsessed with this movie. here's a trailer, the trail they are we believe holmes may have watched before he called the creator of it. and here is that creator, dave, talking about the phone calls he had with who we believe is james holmes. >> guy was, like, really, really immersed in this character. like, not just the character of "batman," but the villains too. you know, he talked about the joker, talked about he couldn't stand the fact that anne hathaway was going to be cat woman. he kept pressing if i could give him more information about the story. the part where he opens fire, you know -- >> the batman-type figure. >> yeah, the batman-type figure, he wanted to know if it was selective killing, does he make a list of people he's going to kill, or is there just a mass body count throughout the whole movie. of he never wanted to get off that particular bullet point.

he asked me what, as the writer, why i chose the caliber of gun that i used. he said, you know, don't you think you could have put a bigger gun in his hands than a smaller caliber weapon? and he was just like, man, that's the one thing i'm disappointed, like, it should have been a bigger gun, you know? and i said yeah, you know, but a gun is a gun, i said, you know, it's still going to inflict the same damage and, obviously, he uses it as a way of protecting himself. so that was another thing that he brought up in the second conversation that i knew was right back to -- >> back to the violence. >> yeah. same regurgitated conversation we had before. >> did the kid that you talked to on the phone strike you as being lonely, depressed? >> >> definitely. megyn: joining me now, alan lipman, criminal psychologist and executive director of the center for the study of violence. doctor, welcome back. so now we have a picture emerging of a man we believe was james holmes calling this filmmaker, obsessed with the violation, wanting to know about the dun -- guns, described as

lonely. a guy who was at a gun range who heard a bizarre message on his voicemail that struck him as odd and disturbing, and now the psychiatrist under whose care james holmes was who we now know according to local reports raised flags within the university about james holmes, but nothing was done, doctor, because he dropped out of school, and that was the last they heard of him. >> we're going to have to take a very long, hard look at that last one. that is very similar to what happened with jared loughner where he was kicked out of community college, and there was no follow up with regards to treatment. it was closer. but let's look at these in order, a good, long, hard, close look. so first of all, with regard to the contact to diggety dave, you know, on the one hand we know that from the secret service study that our organization did with the secret service virtually every one of the people who commit these crimes, they do tell people.

they contact people, tell them that they're going to commit these crimes or in some way refer to them. and we see this with the notebook, with the shooting range w the contact of the psychiatrist and so forth. we have to look at the diggety conversation with a bit of caution. this is a man who has a movie coming out. he may be of complete goodwill, but there may be a retrospective bias. many people are fascinated with these things, including people who don't commit these crimes. i'm wondering whether this person identified himself as james holmes or may have been someone who was fascinated with this clip who after the shooting dave remembered as perhaps being james holmes. but it's quite possibly a straight, down-the-middle account. there's a gag order right now on the information, but i'm sure this could be verified with phone records and the like. megyn: right. >> the psychiatrist situation is utterly critical. megyn: let me just jump in before you offer your thoughts.

she, dr. fenton, we know from james holmes' attorney, was seeing him. she was his psychiatrist. she allegedly reportedly made initial phone calls about engaging the university of colorado's threat team in the first ten days of june, but it never came together because in this time he began the process of dropping out. they said on june 7th he did not do well on an oral presentation on the same day he legally purchased an ar-15 rifle. >> well, look, megyn, this is the classic pattern which is you have a person who there is a reason to give warning about because they're beginning to show signs of psychosis. fenton is an expert in schizophrenia, and she is prepared to warn the university about the dangerousness of this individual, a very serious step. now, the fact that he's about to drop out, that's the next step in this person's deterioration. that, if any reason, is more more impetus to be concerned

about this individual and to still take steps as we can to make sure that he is not going to be a threat to himself or to others in the community. so his dropping out of the university or his moves to drop out of the university should have been a signal that this was a reason to take action. to do something. not a reason to shun to the side and many some way, you know, we don't know the facts at this point, but perhaps as has occurred, i have seen it many times in the past, deny responsibility, set him out into the world, put him back into that explosive, booby-rigged apartment and set him on a path to tragedy. >> he's no longer our problem, he's leaving the university, he's somebody else's problem. i want to ask you about what would make her -- so he's under her psychiatric care, what would make her go outside of of that relationship, go to the university and alert them to a possible threat? but we're up against a hard break, we'll continue this on

the other side. >> yeah, it's a good question. megyn: be right back. wake up! that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. 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. with scottrader streaming quotes, any way you want. fully customize it for your trading process -- from thought to trade, on every screen. and all in real time. which makes it just like having your own trading floor, right at your fingertips. [ rodger ] at scottrade, seven dollar trades are just the start. try our easy-to-use scottrader streaming quotes.

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megyn: so that's the question, dr. alan lipman, who would make her go outside of the relationship and warn the university? >> that was a good question, and this involves switching from the perspective of a doctor to that of a lawyer, and there's a legal question that you're asking, as you may know. there's a very famous case, and to make a long story short, what it says is that if your patient is a danger to themselves, you know that they're going to hurt themselves or you know that they're a danger to others, what's called gravely disabled, you have a duty, you have a legal duty to warn the authorities that this person is a threat. and apparently fenton viewed and quite seriously viewed holmes as

a threat. what concerns me here, megyn, is that the fact that he was beginning to crop -- drop out of school did not end that treatment relationship. that person has a duty to continue to treat that person or to arrange for treatment outside of that treatment relationship with someone else which as far as we know -- there's a gag order -- as far as we know they did not do. so if there was a deterioration so great that there's a warning, that is this person is gravely disabled, they are a danger to themselves or others such that we have to warn the authorities to take action to prevent some kind of harm from happening, this person should have been followed, not let go. now, there's information we still need to find out, but at this point i would describe myself as quite concerned about what kind of follow-up occurred with this named and clearly dangerous individual. megyn: only have a few seconds left, but i want to ask you he reportedly watched this movie trailer for this batman spin-off

over 900 times. they said that he was obsessed with this trailer and with the violence therein. that, too, would have been a telltale sign. >> well, of course. it would have been a sign. and we want to treat that with an appropriate amount of caution until it's verified. if we assume that it's true, it would certainly go right along with what we knew about him, that he was obsessed with violence, obsessed with weapons, becoming increasingly delusional, and this was of playing into feeding and driving his delusions of violence. megyn: the picture's coming together. dr. alan lipman, thank you so much, sir. >> good talking to you. megyn: new fallout over the president's you didn't build that claim as one owner gets national attention. you'll hear from him right after the break. plus, mayors of several major cities want to ban chick-fil-a for its president's comments on same-sex marriage. can you, should you punish a company for what its ceo thinks?

>> witness rahm emanuel who bravely said chick-fil-a didn't represent chicago values. what a relief. for t is. according to nbc chicago, chi town is virtually unbeatable when it comes to violence. based on a projected murder total of -- [ female announcer ] think coarse facial hair removal has to be painful? challenge that with new olay facial hair removal duo. a two-step process that removes even coarse, stubborn facial hair gently. plenty of gain, without all that pain... with olay. i've been fortunate to win on golf's biggest stages. but when joint pain and stiffness from psoriatic arthritis hit, even the smallest things became difficult. i finally understood what serious joint pain is like. i talked to my rheumatologist and he prescribed enbrel. enbrel can help relieve pain, stiffness,

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and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! meg already new details on this mid-air -- near mid-air collision over our nation's capital. it was averted by just seconds. the faa is investigating a near catastrophe at reagan national airport outside washington, d.c. an air traffic controller mistakingly had two planes take off in front of another jet that was incoming. they were just seconds away from the outbound jet when the

control tower realized what happened. steve centanni live at reagan national with more. >> reporter: this happened yesterday afternoon about 24 hours ago it was first reported by "the washington post." their normal pattern was planes were coming in from the south on the runway heading towards the north. all takeoffs and landings going in the same direction. there were thunderstorms in the area, the wind was shifting. but they want to make it so everybody can come from the north, all on the same runway. but not everybody got the message about that very important switch. so what happened was here is a graphic we can show you, we had two planes take off from the south, they were the last two to take off under the old pattern and we had a plane landing from the north, it was the first to come in for a landing under the new pattern, and apparently there was some miscommunication between the tower and the

regional traffic controller and they came too close to each other, 1.5 miles or 800 feet vertical separation. it's still well within the comfort zone and the faa says these two planes were too close but they were heading in a somewhat different direction so we are not in immediate danger of colliding. the faa put out a statement and we can put it on the screen and here it is. the switching of operations, miscommunication led to a loss of the required separation between two regional jets and the faa is investigating the incident and will take appropriate action to address the miscommunication. another statement from u.s. airways, both of these planes,

all three were u.s. airways planes. there were no injuries. u.s. airways put out a statement saying they, too, were investigating and their top priority is always the safety of their employees and passengers. you remember national airport the location last year of that incidents involving air traffic controllers also in which one of them fell asleep and a plane copping in for landing couldn't contact the controller. megyn: this is not the first mistake at reagan national. we are told air traffic controllers in the region had a significant number of mistakes. in 2010, a gulf stream jet, then in june a united airlines jet narrowly avoid a 22-seater approaching reagan national. in january 2011 a plane briefly lost radio contact with the

tower. fighter jets were scramg belled and the capitol was evacuated. and in april of last year a plane carrying the first lady and joe biden passed too close to a c-17 while approaching the air force base. whenever we do this they remind us, air travel is the safest means of travel. governor romney holds his first events back on u.s. soil after wrapping up a week-long foreign trip. he's in colorado to talk about his economic plan. if you would like to hear his remarks they are streaming at foxnews.com. speaking of which we got some disappointing weekly jobless claims just ahead of that big unemployment number we are expecting tomorrow for the month of july. 365,000 americans filed for first-time unemployment benefits last week.

that's up 8,000 from the week before. this as concerns continue to linger about the jobs picture and the prospect it may not be improving anytime soon. charles payne of the fox business network. what does that mean, the 365,000 people filed for unemployment last week. doesn't sound good. but put it in perspective. >> it's not good and there is no way i can sugar could it as being good. we are talk americans saying i need this money. i can't find a job or job prospects are so slim, that 175,000 said we need to collect the money to make ends meet. this does put the focus squarely on tomorrow morning when we get the monthly jobs report in. it come out at 8:30 in the morning in the federal government. right now i would say the consensus is we created 100,000 net new jobs in this country.

though earlier the adp said it was 165,000. still a lot of nail biting going on. megyn: it was around 80 thundershowers ino -- it was around 80 thousand in the month of june? >> 3. >> 0,000 or more -- 300,000 or more would be the norm. megyn: we were doing okay back in january. now look at us down to 80,000, 100,000. we are so far from where we were. why and how do we get back on the other track? >> if i had the power to change it i would cease the war on success.

apple does 60% of this business outside this country but they pay taxes inside this country. i would say bring back the $500 million, whatever it is and all of these other companies out there could do the same, we could have an amazing stimulus programs that would cost taxpayers zero amount of money. it would rekindle the potential of this company. it's not just businesses. banks, individuals. people are afraid. megyn: look at this chart. if that's the explanation as you put it, the war on business. wasn't there a war on business back in january and february? why were we doing relatively well back then, then you see it going steadily down hill and staying in the doldrums? what led to that decline? >> every now and then there are signs or hopes things might

change. remember last fall we had the debate with the debt ceiling. some businesses took the initiative to start hiring again. but the sme still hasn't -- but the economy still hasn't picked up. the smart thing to do is to wait and see. we have things facing us. we have tax situation. we have a tremendous amount of fiscal resistance right in front of us, right on the calendar. we know it's coming. i think a lot of people ... even household the savings rate is beginning to spike. a lot of people in this country going back into a bunker mentality. megyn: back to the mattresses. drama in a chicago courtroom as a judge hears a motion for a mistrial in the drew peterson murder case. the judge just denied that motion. he ruled the former police officer who is accused of

killing his third wife, they are look into whether it's a murder, the judge ruled mr. peterson can still get a fair trial despite some questionable moves by the prosecution. the trial has been in effect for three days and they have had two requests for a mistrial. >> reporter: the judge ultimately went light on the prosecution team after becoming so visibly upset with them yesterday when the prosecution team slipped in front of the jury evidence that had been declared inadmissible. despite the motion from the defense he declared no mistrial. he won't even strike the testimony of the witness through whom the inadmissible evidence came. he insists peterson can still get a fair trial. >> mistrials are rare. to get one the second day of a trial is almost unheard of.

we are pleased with the curative instruction the judge gave. >> we are prepared to move full speed ahead. the reputation of our office. i'll put it against any state's attorney's office in the state of illinois. just do some fact checking. >> reporter: the controversial testimony came from a neighbor who said drew peterson intimidated him. he said at one point he found a .38 caliber bullet in his driveway and said he got a message from grew peterson because of that. he turned to the state and said are you prepared to show that the defendant placed that bullet in the driveway. the state said no. from what we know the state got a stern talking to. testimony resumed today. they spent a lot of time with a paramedic first on the scene. they are alluding to the idea the towel wasn't originally there at the crime scene, it was

placed at the crime scene by someone who wanted to make it look like kathleen savio slipped and fell in the bathtub. megyn: new fallout over the president's "you didn't build that" claim. we spoke to a businessman who says yes, he did. chick-fil-a blocking the stores nationwide after mayors across the city target the chain overstatement its president made. how long until municipalities start censoring other voices they don't like? we'll have a fair and balanced debate on that. >> we have been playing a game called chase the chicken. we are obsessing over a fast food chain that serves bird.

a little snack. on a wednesday. at 2 am. get that great taste anytime with kingsford match light charcoal.

megyn: big developments in the crisis in the middle east. as we get word that president obama has quietly direct our intelligence agencies to provide support to the syrian opposition forces. some of ours in the region are claiming they are 100% sure al qaeda has infiltrated these rebel ranks. and kofi annan charged with negotiating a peace deal with the syrian president. he announced he's quitting. he says his goal was to prevent scenes like this and stop the murder of innocent civilians including women and children. but he says he received zero help from the international community, in particular members of the u.n. security council, suggesting they have been bickering like children while people are suffering and dying

in syria. joining me now lieutenant colonel ralph peters and lieutenant colonel oliver north. welcome both to you. it's going in bad to worse over there. now we find out here providing $12 million in humanitarian aid. ralph, let's ask for some perspective on what it is we have done and kofi annan's remarks. >> what we have done is far too little. i'm concerned about another white house or administration classified information leak to make the president look tough. as we discussed, yes, the cia has been active helping the rebels for a long time. but it's been too little too late. so the result has been that we opened the door for islamist extremists in syria. al qaeda has a presence about it many small. other islamist groups are there,

too. why are they there in they weren't initially welcome. as we dithered and cried crocodile tears at the u.n. and blade everything on the bullies in moscow and beijing. the al qaeda times and other islamists are showing up. they are willing to fight and die to defend families of the freedom fighters. if half your family has been killed and the american president is ringing his hands and dithering, to be or not to be. islamists show up and help you defend the other half of your family. where are the americans. you are not going to say nasty islamists get out of here because president obama is going to come help us. the enemy is my enemy is my friend. megyn: colonel north, what should we have done. what should we be doing. there is talk that we create maybe months earlier safe zones for the syrian civilians who

want to get out from the massacre. >> there is a lot of things we could have been doing. we could have been providing military support to the resistance, to the rebels, to turkey and even iraq. they have an interest in making sure the outcome is friendly to them, not just friendly to us. let me go back to this thing ralph just mentioned about the leak of more classified information. in fact this is an administration effort to create a story that really isn't story because they are so concerned about missing weapons of mass destruction. so they created this by quote leaking a finding that hillary clinton announced on the first of april. i have got her press release right here. there is nothing new in what we now learned about this finding that she didn't already say while she was in turkey and all things on april fool's day. it's intelligence, non-lethal

assistance. providing a u.s. nato base to provide the training they need to operate the equipment and communications and medical support. the obama administration wants credit for doing nothing, and they are now leaking just to prove that they have done something. megyn: i should clear that up. i did not introduce that well. there is a separate report out today suggesting that the administration -- president obama signed a covert directive authorizing u.s. support for the rebels. and there is a finding that allows for clandestine support by the cia. >> all this was announced on april 1 by hillary clinton. this is an effort on the part of the administration to deflect blame should these weapons be used by the resistance other government that takes over other terrorists in the neighborhood. megyn: we have the massacre of

20,000 syrians. we are watching babies literally getting murdered in syria. the world super power has done nothing. the u.n. security council has done next to nothing. kofi annan who negotiated a cease-fire. we you a saw well that worked. an has now quit and the massacre continues unabated. what happens next? >> more massacres. kofi annan, i give him credit for trying to do the right thing. but all he did was provide cover for the assad regime. while the world has dithered, the violence has gotten so sectarian. even fit ended to the, there is nothing we could do to prevent revenge killings, massacres, and frankly the world has let his drag on so long that there may

not be a future for the 2 million or 3 million minority religious splinter group from which the assad regime comes, there may not be a future for them in syria. when this sputters to a close, the murders and revenge killings will drag on and on and on. this is a part of the world where they don't forget. megyn: with 20,000 dead and the rest of the world sitting by and watching it, what are we supposed to do? should we go in, the lone super power? >> without american leadership nato with do nothing. the united nations will do nothing. the total lack of human intelligence on the ground is appalling and a reflection of institutional arrogance running washington and our intelligence services. what we ought to be doing to make this go away a lot sooner is providing real covert

operations to support an iranian opposition inside that country because that's where most of the problem comes from. megyn: coming up, a small business owner in georgia getting big notice for his response to the president's "you didn't build that." [ kate ] most women may not be properly absorbing the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption.

megyn: a fox news alert on a story we brought you yesterday. russian president vladimir putin defending a punk rock band on trial for opposing his policies. the trio faces jail for what you see in front of you. the so-called punk prayer. they called on the virgin mary to drive president vladimir putin out of russia.

he told reporters while he thinks there was nothing good about the protest he add i don't think they should be judged harshly for this. they are facing 7 years in prison. new fallout over the president's "you didn't build that" president. one business owner sending the commander-in-chief a not so subtle reply. he says he's doing it using the so-called chicago language the president is used to. >> reporter: the gaster lumber store in savannah georgia. he says he built it without government help and obama can kiss my ... and it's not grit. the vietnam vet says he built his 28-year-old business from scratch. asked about the sign web said he

could have been more diplomatic and said, dear mr. president, but he doesn't think that would have gone the the same response so used chicago language. >> all the things he mentioned, the roads, the teachers, they are available to everyone. that road leads both ways to successor failure. if people fail, the logic makes no sense. some people fail it's our fault because the road didn't do something? i never saw a bridge or road that met a payroll. it never happened in my business and i don't think it happened in any other small business out there. >> reporter: i think you can tell he's fired up about this. he started his own cam -- own campaign. he e-mailed a picture of this sign and he's pushing for his friend and acquaintances to put up similar signs if they feel the same way. he says the president should

know business is the solution, business is not problem, so the sign, despite some critics, will stay at gaster lumber in savannah, georgia. megyn: a woman under arrest for allegedly helping kill her own husband. her alleged boyfriend was already convicted of his crime in a much publicized trial. remember he tried to claim olivia newton john and barry white made him do it. the question is what role the wife of the decreased if -- the deceased had in his death. that's in today's "kelly's court." they didn't just flock to chick-fil-a for a sandwich. some of the folks who turned out in record numbers say they were there to support free speech. we'll have a debate on that next.

megyn: new fallout from a free speech debate. it started when the president and ceo of the chick-fil-a restaurant chain made comments in support of traditional marriage. those comments became the targets of several big-city mayors like boston, chicago and washington, d.c. who made it clear that new chick-fil-a fran choose is would no longer be

welcome in their communities. yesterday a massive counter protest, a show of support for the chain. it was called chick-fil-a appreciation day and it drew thousands of supporters to restaurants around the country in what many describe as a show of support for free speech. joining me, lars larson and josh block who is a former spokesman for clinton-gore. a lot of the folks who went out, a lot of viewers sent us pictures of theted in their tow. they say i may or may not support bay marriage. but i'm going to chick-fil-a to back dan cathy, the president's ceo because i don't think we should have people cracking down on people because of their beliefs. thought police and legislators saying you can't do business here because and i disagree about ideology. >> we live in a free country.

if the president of that country wants to say crazy things that will turn some people off. it's his right to do it. the market will decide whether those comments are so objectionable it will hurt his business. it's a family business and he's answerable to his shareholders and family. big city mayors trying to legislate this business out of their cities ... they can't discriminate against customers or employees so there you have got a different question. the market will decide whether these comments will hurt them or not. megyn: what crazy comment. dan cathy said he favors traditional marriage. he said -- i think we are inviting god's judgment on our nation when we shake our fist at him and say we know better than you when it comes to a constitutes a marriage.

are those the comments you think are crazy? >> i don't mean to be insulting to dan cathy and people are entitled to their beliefs. i think someone who runs a company in the public domain to make remarks like that requires a leap of some kind of judgment. it's for people to decide themselves. i don't see why the same rights that give us free speech should give people the right to choose their mates. to me it's a personal question of human rights to a degree. megyn: lars, the outrage on the left was not nearly as loud when another leader of a very well-known entity came out and said the following. take a listen to our president. >> what i believe is that marriage is between a man and a woman. >> as far as why, what in your religious faith calls you to be against gay marriage? >> what i believe in my faith is

that a man and a woman when they get married are performing something before god. i believe that marriage is the union between a man and a woman. for me as a why isan [applause] for me as a christianity's also a sacred union. god is in the mix. megyn: lars? >> i have got to tell you something. when the president will flush his christian beliefs as he describes them simply with it's convenient for votes, that's what he did. he originally was against gay marriage now i guess he's in favor of it personally but as president he's not going to do a darn thing about it. if the homosexual community should be mad about gay marriage they should be mad at president obama because of his flip-flopping on this issue base

can use the bully pulpit for gay marriage. he will only say he's personally for it so he can pick up a few gay votes. what is crazy saying i'm in favor of traditional marriage. that's what dan cathy said. but that's been ex trap late on by the muse media to say that must mean you are against homosexual marriage. conservatives say we believe in free speech. if the left like josh want to say we are not in favor of free speech or we should beat people up personally or financially because of their expression. free speech. do they plan to take the same standard with our muslim friends when they want a mosque in their cities? >> he's entitled to express his beliefs. the market will decide whether people want to patronize chk-fil-a or not.

people are entitled to express those beliefs. the question is what platform are they given. when it's the companies whose ceos making those comments, it's a question of whether that platform is appropriate. not a question of whether they have a right to say those things. megyn: starbucks and ben and jerry's institutions have come out in favor of gay marriage. would you want to see folks like dan cathy, folks who believe in traditional marriage boycott them? should we get into boycotting organizations based on the personally shelled views of their executives? >> again i'm not calling for boycotts. i think people have the right to choose whether they want to eat the sandwich or not. megyn: is that a distinction without a difference? >> no. people can make that choice. if he wants to take the risk that may turn off some consumers, that's his god-given right as he would say. >> megyn, what he just said is

the dangerous thing. this is the left saying we advocate for going out and beating people up financially or through their companies for their own individual statement. >> that's not what i said. i said people have the right to make their own choices. >> you are right. but here is the problem. when you say people can make their own choices and organizations that represent a political point of view and advocate for gay marriage say if you don't believe as we believe and you don't speak as we believe we'll go out and punish your company and force you financially to adopt ... megyn: tomorrow they will have a national kiss-in, the gay and lesbian community at chick-fil-as to have their say about how they feel about all this. is that wise? what they want from people week dan cathy is to have their own choices. who they are as individuals and who they believe their god-given right to marry respected. they want respect.

is this the way to get it? >> i think it's mike huckabee who was asked about this. he said it's a free country they can do what they want. megyn: of course they can do what they want. i'm asking, i ask you if you believe this is the best way for them to get the end goal which is recognition of and support and acceptance of gay marriage? >> i'm not sure the confrontation this is creating is the best way to advance these questions. it's an interesting question to think about. but this speaks to the danger that lays in the citizens united decision. whether it's target or chick-fil-a, companies that get into political matters can find themselves in trouble. >> they didn't get into political matters. this man-made a personal statement to a religious magazine. will your other guest back up the republican or conservative governor who tells target their

stores aren't welcome in his state? >> i objected to what the democratic mayor said. megyn: you have serious first amendment problems when you have government officials saying you can't do business here because i disagree with your views. thank you both so much for being here. coming up next. a woman under arrest for allegedly helping kill her own husband. her alleged boyfriend, she denies it, she claims they weren't having an affair. but the boyfriend has been convicted in of this crime. remember hemy neuman? moist's what she told others that landed her behind bars just hours ago. the olympics are packed with stunning displays of talented athletes. but the games have a long history of unusual sports. things like tug-of-war and live pigeon shooting.

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that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. megyn: "kelly's court" is back in session. the widow of a man killed outside a georgia daycare facility is facing a string of charges, including murder charges. here is hemy neuman, the original defendant in the case. he claims he was visited by a demon who looked like barry white and an angel that looked like olivia newton john. he says the demon ordered him to

pull the trigger to kill schneiderman. he was sentenced to life in prison without parole. during the trial the prosecution argued that hemy neuman had been not only randy sneiderman's wife's boss, but her lover. he claims he was having an affair with the dead man's wife. she denied it. she claims she didn't understand why her boss would murder her husband. hemy gets convicted and prosecutors say she needs to be convicted, too. >> we have been working on it since the conclusion of the case all of you witnessed back in the winter and early spring of last year. this is not something we woke up this morning yesterday or last weekend and made a decision to do. you are looking at the result of several months of work.

megyn: joining me now mark eiglarsh and brian clay pool, a defense attorney. what evidence do they have against her? she denied there was an affair. what is the evidence against her for murder? >> the most compelling evidence occurs on the day of the shooting. she received a call from a school administrator who told her two things. one there was an accident at school and two your son is okay. she told her father-in-law and close friend that rust irhad been shot. yet she testified in hemy neuman's trial that she didn't know about rusty's shooting until she arrived at the hospital. that's lie number one. she says she never had an affair with newman but there is a waitress who says they were dancing together to salsa music and groping and kissing each

other. they have a compelling circumstantial evidence case. megyn: according to the indictment. she had a conversation with hemy neuman and within days newman would end up killing rusty sneiderman and she provided to hemy neuman her husband's schedule to leave and return home. >> if i'm the defense lawyer for andrea sneiderman. exhibit a will be a picture of olivia newton john and exhibit b will be a picture of barry white. maybe i'll play a song, too, from "grease." hemy neuman is der ranked. he says that's what motivated him to kill. my defense would be this guy is a whack job. he was trying to lure andrea in.

he wanted her as his mistress, as his wife. and he's the sole person who went out and did this. he's deranged. megyn: if they can prove an affair -- >> there is no evidence of an affair. megyn: if they saw witnesses who saw them kissing and dancing to salsa music. this is the prosecution calling the victim's wife in the course of the trial. she is suppose to be a friendly witness necessary. they are cross examining her. watch what happened at the trial. >> this is a gentleman who has bothered you with i love and marry me, and it's a fantastic idea to go with him to a dance club? >> if that's how you are reading the e-mail. >> tell me how to right. i just know english. megyn: th were going for it

then, they are going to go for it again. >> right next to the photo of barry white and olivia newton john will be the phone records. within 11 minutes of receiving a call from the school administrator. the defendant sneiderman called neuman four times. you know how many times she called her husband, zero. megyn: even though she was told there was an accident. >> that helps the defense. that's a critical piece of testified to prove she is not culpable. she find out there is an accident. if she knew that her husband had been shot, then why is she calling -- why is she calling hemy neuman. the fact that she didn't call her husband proves she didn't know she has been shot. megyn: maybe she didn't call him because she knew he had been shot dead.

>> she told her close friend and father-in-law he had been shot. how does she know that information unless she was involved. megyn: we'll have to leave that question in the ether because we have to break. up next, weird olympic sport. a party? [ 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

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megyn: live pictures of president obama at a campaign stop in orlando. he's expected to highlight the difference between his tax plan and governor romney's. we are streaming the comment live on foxnews.com. the olympic games highlight the best in human achievement. trace gallagher has some examples. report report summer olympics have 25 core sport and floaters.

solo synchronized swimming. not exactly who you synchronize with. there is no other swimmer in the pool. sculpture was a past olympic event. that's for the fans of solo synchronized swimming. there was motor boating. tug-of-war. they took it out because in the dave live television it took 6-7 hours. live pigeon shooting. this was 80 years before me a was around. pistol dueling was one of them. and town planning. the zoning commission was using steroids so they took that one out. the future of this could be

crazy. here we go. this is now they are talking about tetrus as one of the games. not only that, they are talking about star craft and league of legends, video games being used in this to go along with rugby and golf in 2016. video games in the 2020 limits. 2024. all you have got to do is submit to the ioc and if the majority say it's in, it' in. maybe just as a demonstration sport at first, but then it could become one of those three floaters we talked about in the beginning. megyn: that will make badminton look real. remember jonna spilbor saying she didn't like badminton? >> reporter: who would throw a badminton match? megyn: see you, trace.

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