jenna: if you're not here tomorrow that means crocodile hunting in florida. jon: i'm out applying for work. jenna: $25 an hour? you think you would get paid more for that, right? jon: you would. thank you for joining us. jenna: "america live" starts right now. megyn: new details coming in on a story breaking the last hour on a case that is being called domestic terrorism in our nation's capitol. welcome to "america live." i'm megyn kelly. moments ago police in washington d.c. credited quick thinking by a security guard for heading off what could have been a brutal attack on the washington officers of the council. a conservative advocacy council. a suspect walked into the building, commented on policies and opened fire. leo johnson was shot in the arm. he was conscious and breathing

when taken to the hospital and is expected to you are jive. the f.b.i. has the suspect in custody. sources say he is a 28-year-old virginia man who may have had multiple weapons. police met briefly with reporters moments ago. >> basically what happened is we had a person who entered the family research center on the corner of 8th and g street northwest. once he entered he was confronted by a security guard. he opened fire on the security guard. the security guard was struck, is right now receiving treatment and is in table condition. the security guard and others wrestled the suspect down to the ground. and he is in custody. so we have one person the security guard who has been shot and is stable. we have the suspect in custody, and really that's all we know. megyn: tony perkins is the president of the family research council. he has been a guest on this broadcast many times in the past. he says his group's concerns lie

with the victims and his family. we will bring you more from the family research council as we get it. we also have breaking news on new fallout over increasingly harsh rhetoric in campaign 2012. the obama camp sending off sharp criticism from the romney team including from governor romney himself. the latest incident stems from comments vice president joe biden made yesterday in the state of virginia in a community that happens to have a population that is nearly half african-american, those in attendance we are told, half african-american, half white. here is the comment that started it. >> romney wants to let -- he said in the first 100 days he's going to get the big banks once again write their own rules. unchain wall street. they going to kwrut you all back in chains. megyn: critics are calling that ration lalee charged and

offensive. governor mitt romney personally blasted the obama campaign for this saying this is what an angry and desperate presidency looks like. >> after four years it's clear that president obama's policies aren't fixing the problems, they are making them worse, that is because he's intellectually exhausted, out of ideas, and out of energy, and so his campaign has resorted to diversions and distractions to demogoging and defaming others. they have made wild and reckless accusations that disgrace the office of the presidency. [cheers and applause] >> another outrageous charge came a few hours ago in virginia, and the white house sinks a little bit lower. so mr. president, take your campaign, your division and anger and hate back to chicago and let us get about rebuilding

and reuniting america. [cheers and applause] megyn: vice biden attempted to clarify the remarks saying that he meant to say unshackled instead of unchained. then he went onto criticize governor romney's campaign for arguing that his comments were outrageous at all. chris stirewalt is host of power play on fox news.com. now you have vice president biden trying to clarify the remarks, at the same time the obama campaign is standing behind them, from stephanie cutter, quote, we have no problem with those remarks and both david axelrod and cutter saying, spare us the phony outrage, governor romney. >> oh, well, look, i mean sure, we talk all the time, megyn about eupl bridge and how people taking umbrage and taking offense is used to good political ends by both sides. but i can tell you this. i'm up here in boston and i've been at the romney hdquarters

and talking to the folks here. he is wt i can tell you. they are fired up, ty like this. ey think wn hejoe biden gs way over-thtop like h did there, whatevere meant to say the net result that was home to the commonwealth and the confederacy he talked about putting you all back in chains and not cool. they know it wasn't. the romney campaign is pell hreurbinrelishing this. they like it. they are fired up today. they think they have the president and his team swinging too hard and it's time too counts punch. megyn: we just talked to peggy noonan yesterday and she had written a column saying governor romney hadn't come back strongly in the wake of the ad where they said he was responsible for a woman's death. she wrote a column saying, come

on you've got to show outrage once in a while and fight back strongly and the american people want to feel it. we are seeing a different governor romney this week, are we not? >> most times in life i found if you follow peggy noonan's advice you're better off. leaving that aside, i will say this. for romney if not now when? at what point would you say that you have had enough and that you are going to get angry a little bit, that you will have some righteous indignation. for romney the knock on him from republicans was, will you ever get mad, will it ever be enough for you? four months of very personal attacks on governor romney. they sr-r having great affect, driving down his positive ratings, driving up his negative rating. keeping the race with romney losing ground to the president and if not now when? when they talk about slavery, when they say that you're linked to the death of a woman, when they say these things if you won't fight back then when would you feel entitled to fight back? megyn: it's unusual you tell me

it seems unusual to see the president himself or the vice president himself go to the ugly place. they have superpacs, surrogates, maybe the vice president does more of it than the president does. governor romney charges that they have disgraced the office of the presidency, that the white house sinks a little bit lower with each of these items he's calling it a campaign of division and anger, and hate. just yesterday on the campaign trail the president tried to make a joke about this story decades ago, mitt romney took a family trip with the dog on the roof of the car, do you remember this whole thing? it got to the point where president obama said he ate dog when he was a child. the president himself rest recollectrest you are recollects this to make a joke? or is it to get us talking about

it this. >> during a speech a few months ago governor romney explained his energy policy. here is what he said, you can't drive a car with a windmill on it. [laughter] >> that's what he said about wind power. you can't drive a car with a windmill on it. i mean, maybe he's tried it. he's put other things on the roof. [laughter] [applause] megyn: the supporters loved it. is there a risk to president obama in the white house as mitt romney put it sinking a little bit lower? is it different when you're the president what you can say? >> well, this president has tried something very different. normally the standard in politics is that an incumbent tries to preserve as much presents taoefrpblg as the office as long as hpriest staoepblg of the office and then comes forward and starts throwing at the opponent at the end, after labor day after the

convention has taken place. the president has done this totally differently than any incumbent in the modern era. he started negative, he stayed negative and made it personal and republicans thought well he won't dare, the president does and it had some good tpheb. now romney is fighting back, maybe that will work. megyn: good to see you sir. these are far from the first controversial comments from our advice president as you know. as the campaign heads into the final months we'll take a little look of it later on about whether mr. biden is getting a p-s an pass and is that fair? fox news is america's election headquarters. the republican convention less than two weeks away and "america live" will be live from the convention beginning on august 27th. 1:00pm eastern. we will be here in our normal time slot, we will be live on the scene in tampa, and we will also be live in prime-time. bret baier and yours truly will be co-hosting our prime-time election coverage along with our fox news political team not just

in campa but the following week as well in charlotte when the democrats have their chance. we hope you join us. we also have breaking news out of syria, where we are getting our first look at what happened when government forces hit a hospital in an air strike yesterday. this young boy was inside a aleppo hospital when we are told that rockets hit. look at that terrible picture. the boy screaming as doctors race to treat him under the threat of more attacks. that boy caught in the crossfire, injured so severely this is all the video we can air of his treatment. it comes as the united nations declared today that the syrian regime -- sorry that was hard to watch. is committing war crimes against humanity. steve har agai harrigan is inside syria for us. steve. >> reporter: we saw at least if my view what was clearly a war

crime against humanity behind me. in the syrian town of hamas a pheug made two passes above the town and launched two missiles into a civilian population. we were renting a house there, so these missiles struck very close to our house wiping out half of the block that we were on. here is what the scene looked like when we walked out into the wreckage. [speaking foreign language ] >> reporter: you can tell. incredible emotion here when just minutes ago a fighter jet -- the man is missing his family. [speaking foreign language ] >> reporter: that man who was screaming lost six of his own children in that attack. keep in mind this wasn't a fight, this wasn't part of a war.

in the middle of a sunny afternoon this was a warplane firing into civilian apartment buildings, killing at least 30 people. megyn back to you. megyn: thank you. new reaction now to the growing talk of a possible israeli attack on iran's nuclear program. leon panetta says he does not believe that israel has made a decision to attack iran but with israeli citizens lining up for government-issued gas masks we will discuss whether they know something that mr. panetta does not. why are they doing that? why now? what is the real story behind the president's medicare cuts? david axelrod swears that the administration never cut any money from medicare. keep in mind the president is going after romney-ryan for cuts in medicare. we found video of the president not only defending billions of dollars he made in cuts to medicare but he would veto any

bill if they tried to replace the money. a new video sheds light on the suicide of a handcuffed young man in the back of a cop car. what they say proves their inch dense in the cas innocence in the case of growing protests. questions?

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megyn: there is an angry debate going on in this country right now between the two presidential campaigns over the future of medicare. new questions about who wants to cut it, who is advocating cutting it and who has cut it in the past. in particular whether president obama did or did not cut from medicare when he passed obamacare. the president's campaign chief, david axelrod has now claimed that the administration never cut money from medicare. listen. >> mr. axelrod, you've said that the ryan's budget would end medicare as we know it, but at the same time the president has

cut $700 billion from medicare to fund his own healthcare plan. how is this any different? >> you know, anthony uri peteing what iyou're uri you're repeating a misstatement. it's like looking at little red riding hood and the big bad wolf. they should say, what lies you have. megyn: we found video in which the president defended $500 million in medicare cuts that he was making in connection with the healthcare bill and said he would veto thin any attempts to undue the cuts. listen. >> one of the concerns about healthcare and how you pay for it, one-third of the funding comes from cuts to medicare. >> right. >> are you willing to pledge that whatever cuts in medicare are being made to fund health

insurance, one-third of it, that you will veto anything that tries to undue that? >> yes. megyn: stu varney is anchor of varney o*pl company o & company on the fox news network. romney tphopl natures ryan, chooses ryan. ryan had a bold budget in which he sees that we're heading towards the cliff on medicare and he tries unlike every other politician he tries to do something about it, he and ron wyden a democrat. here is what we could do to save immediate r-frplt he gets all this incoming, you want to kill seniors, that's what you want to do. his campaign fights back and says you know what this doesn't make cuts to medicare but president obama did. he actually made cuts to medicare in his obamacare bill. do i have it right? >> yes. megyn: who is telling the truth? >> okay. megyn: where do we really stand? did somebody actually cut medicare? >> we've got to have some

clarity here and i will attempt to give it. let me take you back to 2009 the debate overpass average of obamacare. obamacare had to be paid for. the democrats had to come up with $500 billion to help pay for obamacare. where did they get the $500 billion from? they said we will take it from medicare. we will cut waste, cut fraud, cut the payments to insurance companies we'll take that money from medicare and put it into the funding of obamacare. megyn: they say future savings. future spending that we're cutting back. >> we are arguing semantics here. david axelrod says, no, those cuts were not made, that is a lie. but it is the stated policy of obamacare legislation that that money will be taken out of medicare. don't be confused by the semantics here. for example, if i lowered the rate of increase of costs have i cut?

semantics. pure semantics. megyn: there is no question that this money that they took out of medicare is going to cut the future payments made to doctors, that i is the plan. >> that is the plan. megyn: cut the major payments to doctors. here are the things they said. reduce the subsidies made to medicare supplement alplans. reduce the growth in provider payments. reduce how much they will pay the doctors over the years. >> if it goes up 100 billion and you say it's only going to go up 80 billion have you cut 20 billion? megyn: dr. siegel doesn't like obamacare among other reasons he says the medicare payments are going to get cut and doctors won't be able to order the same services. >> can i just deliver the clarity that i promised. it there is no question it is the declared poll seif the obama administration that money will be taken out of medicare and put into obamacare. political spin says you're robbing seniors to expand medicaid within obamacare, that is political spin.

the fact is it is declared policy to take that money, cut from medicare and put it over here. megyn: paul ryan is under fire because they say in his budget he wanted to rerepeal all of obamacare except the part that makes those medicare cuts. so, you know, is it -- do we have two sides that really believe in the same thing, which is big cuts to medicare one way or the other? >> here is what i think. if you want to get us out of this national mess we have to reform medicare not just tinker witness. by reform i mean you've got to change the way it operates. that's what romney-ryan offer. if you tinker witness, chap here, tax more there you do not solve the basic problem. that's what i think is the case. megyn: stu varney. thank you sir. new details in moments about what the f.b.i. is calling a domestic terror attack at the family research council based in d.c. we are learning more about the possible motive after a security

guard was shot this morning. police tell us this attack could have been much, much worse. >> i would say in this case the security officer here is a hero, as far as i'm concerned. he did his job. the person never made it past the front door. but because of business people like you, things are beginning to get rolling. and regions is here to help. making it easier with the expertise and service to keep those wheels turning. from business loans to cash management, we want to be your partner moving forward. so switch to regions. and let's get going. together.

megyn: it's all good fun until somebody's carotid artery gets clogged up. maybe it's a different kind of artery, i don't know. in any event everything looked foe innocent back in the 80s. now not so much. fast food has gained a nasty

reputation for super sizing america's waste line. some chains like mcdonald's are trying to make the claims that you can eat there and keep up a healthy lifestyle. dr. marc siegl. think of the devil and the devil appears. although we are not talking about medicare in obamacare today. we are talking about mickey-d's and how they are trying to indicator to those who he want to watch their health and waistline. >> when people think of fast foods they don't usually think in terms of watching calories or even nutritional value. for those of us who want more from our food than the usual burgers or fries can deliver it's good for us to know that mcdonald's and other fast food chains are starting to add more items to the menu and eve emphasize a healthier approach. just this summer mcdonald's announced a nationwide launch of a favorites under 400-calorie menu featuring burgers, snacks and beverages, they are also changing the apple male to include apple slices, low-fat

milk while emphasizing salads and offering oatmeal for breakfast. i spaoerpbtsed that myself. >> reresized it, rebalanced the happy meal. we took the fries and brought down the portion size a little bit and added automatically apple slices. >> other food chains of following mcdonald's lead. in the past year burger king has interest dutiesed more than a dozen new menu items including garden fresh salads, veggie buggers an burgers and fruit smoothies and healthier oils. >> we are kidding ourselves if we can eat very much fried food we really can't. >> it's a delicate balance keeping customers happy that are used to the old big mac or bacon cheeseburger. critics say that under 400-calorie menu is simply waiving a magic wand over the problem without really make it disappear. one thing for sure if mcdonald's

is advised in this and other fast food empires they want the healthier choices in keeping the burgers and fries it's because it makes good business sense. megyn: it's not your carotid artery it's our coronary artery that gets clogged up. >> that's the big one. megyn: you have to watch out for the fat content. you tell me if i'm right before i go. my nutrition professor at syracuse university said fried food, takeout, fast food you can eat like that once a week. >> i think so, meat once a week. i know you are a big meat eater. it's about portion control and trying different ideas. >> i never said i was a big meat eater i said i'm not a fish lover. >> fair enough. we'll have vegetables and fruits then. megyn: speaking of our children we'll take a closer look at research that shows 857 students are dropping out of high school every hour of every school day

in recent years. that is just depressing. we did some digging on what needs to change and that is the question that juan williams will investigate and try to answer for our fox news reporting, fixing our schools, a special program. you can catch it this sunday right here on fnc at 9:00pm eastern time, an important issue. we are also hearing growing complaints today that the white house press core is getting the silent treatment from president obama. it's now been eight weeks since the president last took a question from them, and the rnc is sounding alarm bells. we'll have a fair & balanced debate about whether they are right to next. controversy following the apparent suicide death of a handcuffed man in the back of a cop car. some say it's impossible for him to have killed himself with his hands cuffed behind his back, but now we've got the video that police say proves that is exactly what happened. plus, there are new concerns that not enough is being done to protect america's military voters. are we doing a disservice to the

men and women who make it possible for us to live in freedom? oliver north weighs in. >> they seem to think it's some sort of reverse discrimination that civilians are being treated unequally. that is a pretty easy thing to think about in an air conditioned campaign office in chicago but they will that to the 21-year-old sergeant in the hills of afghanistan.

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might be best for you. there's a wide range to choose from. we love to travel -- and there's so much more to see. so we found a plan that can travel with us. anywhere in the country. [ male announcer ] join the millions of people who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you thousands a year in out-of-pocket costs. megyn: fox news alert new information now on a case of

possible domestic ter terrorism, that is the term being used biofigures tph-s washington today. sources tell fox news this a 28-year-old virginia man walked into the family research council pretending to be and intern. he started commenting, we're told on some policies and then opened fire. police are now calling the security guard there, leo johnson a hero for stopping the gunman before he got past the front door. mr. johnson unfortunately was shot himself in the arm, but he's expected to su surinamese jive. the f.b.i. has the suspect in custody and the joint terrorism task force is participating in this investigation. the atf has recovered at least one weapon. tony perkins is the president of that conservative group the familiar lie research council he released a statement saying right now his concerns lie with the victim and his family. we'll bring you more as we get it. president obama wrapping up history-day campaign swing

through the key battleground state of iowa today. right now he's in debuque for remarks at a campaign event. those are screaming on foxnews.com if you want to watch them live. as the president fights to keep his job there are new questions about his availability or lack there off t there of to the media. we want answers. it's been eight weeks since president obama took questions from the larger press core who are paid to ask him hard questions. the rnc put out this long thing complaining about his, you know, silence, and these are some of the items that have happened since he last spoke to the press. unemployment rate has gone up to 8.3%. word that unemployment and ununderstand employmenunder employment is 15%. 151,000 jobs a month this year. the iranian nuclear issue has made headlines saying time is

running out for a peaceful solution. putting a timeframe on it that we may be looking at something in the fall in terms of an attack. syria is a mess with countless people being murdered by their own government and the president has spent 42 fundraisers, spent 29 days on campaign events and visited 18 states and d.c. joining me now, monica crowley a radio talk show host and fox news contributor. and sam bennett is the president and coe of the campaign fund and the she should run foundation. i'm sorry, that's all the time we have. [laughter] megyn: the introduction was rather lengthy. so, look, apparently the republican national committee is all fired up about his refusal to talk to the press core. it's been eight weeks. he's gone longer, he's gone 12 weeks i think twice without talking to the press. are they right to be upset? >> you know what is so interesting, megyn is that we haven't really heard complaints from the washington press core. we haven't heard complaints yet anyway from major reporters who cover the white house, cover

washington, cover even the president's campaign team. remember when mitt romney went on that international trip a couple of weeks ago the press core sent there to cover him pounded him for his lack of availability. the same press core that is covering the president we don't hear these complaints. i think the rnc is right they are actually speaking i think on behalf of the american people in the on behalf of republicans. the president has a real obligation to explain himself and his policies to the american people. all of those issues are plaguing the america republic, hurt -rg the american people day in and day out. he is the leader of this country and the free world he should have the guts to go out and explain himself, explain what is happening in the country to his constituency which is us. megyn: i joke the media, he's got to make himself available to the media. we are the voice of the people in terms of holding our electedee figureses accountable. >> last time i checked monica, megyn the man had little bit of a job to do. he's the president of the

country . mitt romney gets to be 100% all the time candidate. obama doesn't have that luxury. every morning in d.c. i take my morning walk i go by the white house, waive high to obama and michelle and walk back to my office. >> he's never there. he's campaigning. >> come on. the republican party has got to do its job to make some hey for romney that is all that is going on. they are making campaign hey. megyn: they said this is an attempt to distract. it was the obama campaign. they said the rnc is trying to change the subject amid a bad news sickle for the g.o.p. presidential ticket. >> bad news cycle with paul ryan, with all of the polling showing romney has a real lift out of this. >> just like what happened with pale r-r when sh pale r-r when sarah palin when she was first

put on the ticket. megyn: president bush went at long as 14 weeks automatic talking to the press at least once. president obama has gone 12 weeks twice, at least twice. and now we're working on, you know, the next eight week stint. does he have a greater robl tkpwaeugs given the issues w obligation given the issues we just brought up? >> we do need to separate a lot of this from partisan politics. my organization is about getting more women elected. there is a saoeul list particular difference. obama is the kind of candidate he is, he's running the campaign and reelect that he's doing. the rnc has been a little guilty of distortion in how they are presenting some of the issues they are putting forward. megyn: why do you think he won't be talking to the press? he has such a bully pulpit and access to the microphones that

nobody in the country has, not even romney. why so guy stphet. >> he still claims he has full confidence in these policies that created this economic disaster. if that is the case he should "meet the press." megyn: he's nimble on his feet. why not come out and say. >> he has nothing to say. how in the world is he going to try and explain this economic catastrophe. >> listen, bush inherited -- i'm being nonpartisan here, bush inherited the clinton surplus and the heyday economy. obama inherited a disaster, arguments aside of who created the disaster. he has had overall more job creation since he took office than bush did in absolute numbers or in relative numbers. megyn: why doesn't he come out and say that to the press core. whatever the argument is, the video we just showed and the news out of israel which we'll talk about at the top of the

2:00 hour, now the rhetoric is really ramping up. they are suggesting that they are getting ready to strike iran some time this fall and that they set a deadline with our president, that we need to do it in america or they are going to go solo and that will drag us in anyway. we need our commander-in-chief on the issue of foreign affairs do we not? >> most of the american people are focused on the immediate and urgent situation economically at home which he should answer for, but you talk about foreign policy, not just the possibility that we could have major con fill congratulations in the middle east this full or winter but the fact that most of the middle east is falling to the is louisiana midsts. the muslim brotherhood has completessed the take over of egypt. i'd like to hear him asked about that and where he stands on that. >> that is a misrepresentation, monica. >> it's true. megyn: this could help president obama could it not, i mean to be our commander-in-chief come out and speak on some of the foreign policy issues. >> absolutely. megyn: and lead. >> and some great things have happened under his

administration. megyn: i mean to settle us a little on these issues. >> understood. for example a great example of something he can brag about, bragging rights, women have benefitted under the affordable care act otherwise known as the obamacare act in ways that are completely unprecedented. and there is going to be a point in the campaign where he is going to be talking about that, megyn because as we see from all the polling numbers, women are going to be the deciders in this presidential race. megyn: we are the deciders. >> just as they were in the mccain and obama face off. >> a lot of faces of this obama economy people have borne the brunt of this in terms of unemployment and so many other things which is also something he should be answering for. megyn: we covered the landscape. very nicely done. good to see you. there are new concerns about whether enough is being done to protect our military voters. the concerns come as a judge hears arguments over an obama-white house lawsuit that challenges. is it the white house or the campaign? in any event it's the campaign that challenges and ohio law creating extra voting

opportunities for those in uniform. why are they upset about that? we'll talk about it next when oliver north joins us to look at this case. are you receiving a payout from a legal settlement

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megyn: new concerns today over whether enough is i can done to protect america's military vote tphers this election season. a judge today hears arguments over a obama campaign lawsuit that challenges an ohio law that creates an extra voting opportunity for those in uniform. when we did dugging we found that voting for members of the armed services has dropped sharply in the last election cycle. willieutenant colonel oliver north is a military analyst. what is happening in ohio they tried to create three extra days for those in uniform to vote and

the obama campaign says you should do it for everybody, not just those in military uniform. what is wrong with that? >> and filed a lawsuit to stop it from happening unless it happens for everybody. all of this begs the question, megyn as to what is the entire o team's problem with this document, the u.s. constitution? article one, section 4 of the constitution, that i took an oath to support and defend says that the time, place and manner for federal elections is to be set by state legislatures. well that is exactly what ohio did. they deemed it a special privilege, a special consideration for the u.s. military, which does indeed risk life, limb and the safety of every one of them when they are overseas, and in much of the training they do elsewhere around the country, that they deserve an extra consideration for early voting. and they didn't give that privilege to everybody in the state. now, it begs the question, do they deserve that extra consideration? well, first of all they are

deployed, they are in harm's way, they are at risk of life and limb, they go without their families, and we give them other privileges in a war zone they serve tax-free, they don't have to pay income taxes. when they get home they get a deferment on paying or at least filing their federal tax forms. if that works why can't we give them the same privilege when it comes to the right to vote? all of this has been endorsed by the way by every major military and veteran's organization. megyn: that is the thing. what interested me in this suit is you've got 15 military organizations who oppose the obama campaign on this. including groups representing members of the national guard, the army, the navy and marines who say look we don't want to make it a political thing. >> and the coast guard. megyn: they don't want to make it a political thing but they say we do think there is a reason to treat military voters differently, to give them a special consideration, and we reject the obama campaign's argument that they don't deserve that and that they should be treated the same as everybody else that everyone should be lumped into the same privileges

we give the military. >> you know, megyn you pointed it out a moment ago in the last election cycle, 2008 and 2010 military absentee ballots have been a problem. there have been fewer than 20% of the american military personnel got to vote in the 2008 elections, it was even lower in 2010, and by the way, in 2010 the obama justice department gave a free pass to 29 counties in illinois, of all places, for failing to send out the absentee ballots in time enough for the troops to vote. i've been overseas with these guys, i know how difficult it is, we've got news for them, i know all the soldiers, airman, guardsmen and marines watch this. if they go to wwwfavp.gov they can get an absentee ballot online and get it sent in in time for th the election. megyn: for the record a gallop poll in effort found a 57-35

advantage for romney over obama when it comes to veterans. this particular case is not about necessarily disinch franchising the veterans, but it could set a precedent that could potentially be dangerous to the military north. colonel oliver north thank you. to all the guys and gals watching thank you, and thank you for your service. >> they love you. megyn: it's mutual. more coming in on this domestic terror attack on a conservative group in washington. ment f.b.i. is speaking with reporters right now about the man who opened fire inside of the headquarters of the family research council. one person is hit, the suspect is in custody. more on the breaking news and the breaking news out of iran and israel at the top of our hour.

megyn: fascinating new video shedding light on an incident that is getting national attention. it involves questions about how a young man handcuffed in the back of a police cruiser managed allegedly to commit suicide. police say they searched the man twice before he allegedly shot himself. and now police say this demonstration here proves they are innocent in the face of growing questions. gregg jarrett as the very latest. >> how can a 21-year-old who is cuffed behind his back shoot himself in the head while seated in the back of a patrol car. this re-enactment made by arkansas police shows it can be done. a person similar in height and wait leans back, lifts a weapon to his head, with enough slack, the same kind of handcuffs used by carter. he pulls the trigger. how did he get the gun? the police chief said this. it's obvious, they, officers, did miss the weapon on the first

search. it is likely since he was placed into the car unhandcuffed the first time that he had an opportunity to stash the weapon in the car. well, a lawyer for carter's family doesn't buy it saying the young man was a healthy, happy guy with no reason to kill himself. the autopsy and forensic tests will be critical as to whether there was gunshot residue on carter's right hand. also, obviously the angle of the bullet's trajectory will also be vital evidence. megyn: does race play into this. >> it surely does. carter was black while both arresting officers were white. this prompted this remark from the mayor. >> justice will be served, no question about that. but until we get all the information it's very difficult, and you can't really make a comment. >> reporter: busted during a routine stop when police found out he had an arrest warrant out for a drug charge. the f.b.i. is monitoring the case. the aclu has asked the

department of just toys to accept step in and investigate. megyn: more just coming in right now on this domestic terror attack, that is how the officials are labeling it owe far as a conservative group in washington. we are getting exact quotes from the shooter, and now we know a whole lot more about his motive. that is right after this break. plus, new reaction to growing war drums over iran and the possibility that israel is readying for an attack. the israelis are literally now lining up for their government-issued gas masks. why are they doing that? we'll ask if they know something we do not. ralph peters is here next. a parenting expert appearing on oprah is accused of waterboarding his own daughter. he says police are over reacting. insight than to what his motive might have been. >> she explained the action of water boring by her taking his head and submerging it under the

faucet while it was running. the water would run up her nose causing her to going or lose her breath and be unable to breathe.

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liberty mutual insurance. responsibility. what's your policy? megyn: fox news alert. disturbing new details about the gunman who opened fire inside the headquarters of a christian lobbying group. the fbi calling this an act of domestic terrorism. brand-new hour of "america live." welcome, i'm megyn kelly. the 28-year-old man from virginia was posing as an intern at family research council. according to authorities he walked into the building and made statement about the group's conservative policies and now we have the specifics and then he opened fire, hitting a security guard in the arm. that guard being called a hero for preventing what could have

been a deadly attack. here is the fbi moment ago. >> i can't get into the details of what was said or not said. but the security guard was a hero in this case and he did an excellent job in stopping the gunman from getting further into the building and from anyone else getting injured or shot by him. i don't know the details of it. but we do know there was an altercation and the security guard was shot. but the security guard did a phenomenal job above and beyond what he was supposed to do in the situation. megyn: the family research council is just blocks from the white house. the fbi and the ... >> the family research council is in the red brick building

behind me. normally you have to an employee or guest to get in there and be buds in. we are told he posed as an intern to get inside then at some point had an altercation with the guard sitting just inside. leo johnson. sometime during this altercation leo johnson was shot in the arm. he's at the hospital. the suspect was wrestled to the ground and he's? custody. the police chief says leo johnson saved the day. >> i would say in this case the security officer here is a hero as far as i'm concerned. he did his job. the person never made it past the front door. >> reporter: we heard from the president of the family research council tony perkins. he says our first concern is with our colleague who was shot. our concern is for him and his family. we were just told in that press

conference, this is still a joint investigation between the fbi and the d.c. police. the joint terrorism task force is assisting with the investigation. so is the u.s. attorney's office. but at this point no charges have been filed. megyn: did the fbi speak to specifically what the gunman said? >> they said they would not talk about what he said or any of the evidence. but there are reports that while he was being wrestled to the ground, after he hit the deck, he did express some kind of anger towards the policies. and it's very vague what we are getting but he said something about the policies. he had a problem with the policies of the people in the building. megyn: the family research council. thank you, sir. background on the flame research council it was founded in 1983. it's based in d.c. with the

mission to champion marriage and family as the foundation of the civilization. tony perkins is the current and fourth president. in 2010 it was labeled a hate group by the southern poverty law center thanks to the group's standing on their belief in traditional marriage and their opposition to gay marage. as well as to openly gay and lesbian folks serving in the u.s. military. so now we are starting to get more from our producers at the department of justice and elsewhere about what specifically was said by this gunman as we get a few more confirmations on this we'll bring you more right here. another fox news alert on the growing war drums as the debate intensifies in israel over the possibility of war with iran. and soon. israeli media reporting that prime minister benjamin netanyahu wants to meet with

obama in september to get get assurances america will attack iran next summer if all other options fail. defense secretary leon panetta says he does not believe israel has made any decision on military action but they have begun putting civil defense measures in place handing out gas masks and setting up a text messaging system in case attacks. ralph, welcome back. you have these reports that they want -- israel wants america to promise, we'll take care of this in june of next year. the reports were that if they don't get those assurances they are going to go ahead and strike iran's nuclear facility this fall before the presidential election and now we have the israelis hands out gas masks to their citizens. what is going on?

>> there is a lot going on. first of all we have never had -- certainly in the last four decades we haven't had such a gulf between a u.s. administration and israel. president obama regards israel not as an ally but as a problem. so prime minister netanyahu is respond as best he could. i think the request for a september meeting guaranteed from president obama that the u.s. will strike iran not later than next june is a fairly cynical ploy. if the israelis hit iran netanyahu wants to be able to say we asked the americans for help, we asked them for guarantees and couldn't get them. i sympathize with that cynicism simply because for washington, iranian nukes are a problem. primarily a political problem for this administration. for israel it's about survival. so when the prime minister directed that these new

protective masks, gas masks and other preventive kits or aid kits be handed the out to israeli citizens it had two purposes. one to help israelis stay alive if they are hit with chemical weapons, but, two, also as a public warning to the world, the united states that israel is very serious. megyn: do we believe that the exercises of handing out the gas masks is because israel expects to do this and retaliation or is this for our benefit, ralph. people like me to put on the air to show to other americans to gin up some kind of sentiment? >> i think it's both. to protect the people of israel in case there is a war and there may well be one. but it's also as you pointed out, for consumption outside of israel, to tell the world especially the obama

administration, it's serious. the israelis have a plan a and a plan b. both involved us. plan a is for us to hit iran because we have the best tools to do it and the best chance of making it happen, though it certainly would not be an easy quick fight. plan b is for the israelis to hit iran's nuclear program and they start the job and we still come in to finish it. if israel does hit iran. iran responds against oil facilities, oil routes through the straits of hormuz and we are in it anyway. israel is looking at how to survivor prevent the advent of nuclear weapons. president obama is looking at getting reelected. the iranians as well as the syrians and others know they have a window from now to november when the president of the united states doesn't want to do anything abroad and they

have a free hand. megyn: you talk about if israel were to strike iran, its nuclear facilities before november, next june, whenever. they are estimating in israel for the retaliation there could be thousands of casualties based on what iran does in response. but they would drag us in as well even if we didn't do it ourselves. the iranians would find a way to drag us in. you talk a bit about what the consequences would be to the united states not only in terms of our military involvement and what would happen, but gas prices and what would happen on the economic front. >> the damage to the world economy would be enormous. the jewish people have faced one holocaust. they are not going to sit still and wait for another one. for them it's about survival. they will do what they have to do. but there is a practical problem as general dempsey point out. israel doesn't have the to finish this job.

and we may not be able to get all their nuke facility because they are so deep underground with special new hybrid cements protecting them. this would be a real war. there is no good answer here. we americans think there is a good answer if we can figure it out. there is no good answer. but certainly from the israeli perspective and i believe from the global perspective, the worst outcome is an iran with nukes. but certainly, megyn, you are right. if we are dragged in and we would be. the strait of hormuz closed. attacks on oil facilities. gas prices soar globally and the economy crashes. megyn: new fallout after a top homeland security official is accused of encouraging a frat house style work environment and that's not all. police say this man waterboarded his own daughter.

he claims everyone is overreacting. we'll show you a clip of his appearance on oprah years ago and explain how it could become key evidence in this case. plus vice president joe biden is no stranger to making controversial comments. but has he crossed a new line? >> i have more to say, but i'm saying too much already. these guys -- you are going to have trouble translating all this. and two pills. afternoon's overhaul starts with more pain. more pil. triple checking hydraulics. the evening brin 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. this is rudy. who switched to aleve.

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they are proposing. romney says in the first 100 days he's going to let the big banks write their own rules. unchain squall street. they are going to put y'all back in chains. megyn: new reaction to those remarks by vice president joe biden yesterday that includes hundreds of african-americans. he used the chain analogy apparently to the gop ticket. they raise questions about slavery in a southern state and they raise questions about whether biden gets a pass when it comes to controversial comments. sometime scott of south carolina is an adviser for governor mitt romney. mitt romney came out and

suggested today he has had enough of this. he says it's bringing the white house to a new low, and told president obama to take -- he said this is what an angry and desperate presidency looks like, suggesting these are wild and reckless accusations that disgrates office of the presidency and it's not the first time. it's mitt romney finally fighting back against this? >> absolutely and he should be. these are outrageous comments and it simply plays to the same narrative of the obama administration which is divide and conquer. rage and division. divisive comments from vice president biden are not new comments, they are simply amplifying what he has said previously in different frames. at the end of the date's still the same thing. it is division. it's the lowest common denominator that divides americans and fans the flames of a cultural war that is unnecessary and bad for the

future of america. megyn: the vice president said he meant to say "unshackled" which is a term used about it opposing ticket and tried to dial those back. but stephanie cutter said we have no problem with those whatsoever. is there a race element here? is there an inappropriate reference in those comments? >> good afternoon, megyn. yes, i think there is. it's not just that he said what he said. it's the manner in which he said it. he was talking and he had a normal kadeen then in front of an african-american audience he starts preaching like he's at the pulpit on sunday as if all african-americans will relate to being in church when they hear from a white politician it's a demeaning, degrading and insulting manner. having served for vice president cheney and president bush, this is beneath the dignity of the

office which vice president biden hold. megyn: let me try to defend the vice president. could it arguably be endearing? joe biden, he makes his comments, he's kind of like everybody's uncle he says things that are inappropriate sometimes, but do you think he has ill will in his heart? do you think he has any sort of racist feelings or meant to make a reference to the republicans where going to republic african-americans in chains? >> all i know is this is a pattern of him saying, then senator obama was fresh and clean and well spoken. of him saying you can't go into a 7-eleven without finding someone with an indian dialect. this man has a history of these comments. the obama administration has no record to run on. they are going to turn to this slash and burn effort to hide from their record. megyn: congressman, as somebody in politics, is it the role of

the vice president to throw a few bombs? we say the with sarah palin when she was running with john mccain. is that the role of the vice president once we are leading up to a presidential election? >> it has become the role of this vice president without any question. but what we have to remember what this current administration is doing is finding a way to keep attention off the fact that for the last 40-plus months we had unemployment over 8%. we have 23 million americans underemployed or stopped looking for works. so the best tactic they have is to find some fear tactic that takes us back several decades to have a conversation not about the economy or creating jobs, not about the fact that obama-care takes $700 billion away from medicare. they want to have a conversation that is to divert the attention of the american people and it's not going to work. megyn: ron, i want to ask you.

we put together a couple of clips of joe biden making some gaffes in the past. this is what i'm referring to when i say there is a reason some people give him a pass. he goes to his place so very often, it seems. watch. >> stand up, chuck, good to see you. god love ya, what am i talking about. you are making everybody else stands up, though, pal. his mom lived in long island for 10 years or so. god rest her soul. and -- wait, your mom is still alive. it's your dad passed. thank you, terry, and thank you dr. pepper, and thank you, chancellor. dr. paper. megyn: where he's telling the buy in the wheelchair the stands up. you see him and you kind of think -- he says these things ann that he probably shouldn't

say. but it's hard to ascribe ill will to him or is it? >> i have to tell you. i have met the senator and now vice president many times. he's a nice man, a affable man. but behind his afterrability and jean at is he has a consistent pattern of racial insensitivity. if he has something to say, let's hear about the administration's record. how are they going to move the country forward. unfortunately we are more racially divide than we have been in this post racial administration. they failed on those levels. megyn: all the best. we have a producer in getting new details on the shooting at the family research council. he will join us in moments with eye opening details on what the fbi is calling an acts of domestic terrorism. questions?

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megyn: new allegation of lewd conduct against a top homeland security official. he's accused of cultivating frat housework environment and now she voluntarily placed herself on leave. report report original charges were brought to light in the lawsuit filed by james haste, junior. in a discrimination hayes says secretary janet napolitano favored them and promoted them over male employees. it's alleged i.c.e. chief of star suzanne bar during discussion of her halloween plans turned to a senior

employee and said you are a sexy expletive deleted. she then looked at his lap and made a remark about his private parts. another affidavit makes reference to a trip to colombia. she is described as drinking heavily. it says quoting, again. during this party suzanne bar approached me and offered to conduct a sex act. . the attorney representing james hale tells fox news that

witnesses are coming out of the woodwork. megyn: up next, new details on our top story as we learn more about this domestic terror attack on a conservative group in washington. we'll have an interview coming up to highlight that for to you get to the bottom what exactly was said. a new poll suggests the biggest problem facing the president's reelection effort could be some of his own supporters. 40 million americans could help lead president obama to a reelection victory but they will not head to the polls. the reasons why after the break. you know what i love about this country? trick question. i love everying about this count! including prilosec otc. you know one pill each morning treats your frequent heartburn so you can enjoy all this grt land of ours has to offer like demolition derbies. and drive thru weddings. so if you're one of those people who gets heartburn

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megyn: back to the breaking news on this shooting in the nation's capital at a christian lobbying group. fbi is treating it as an act of domestic terrorism. authorities have a 28-year-old man in custody. we are told he posed as an intern to gain access to the building. mark levine has been keeping up to date. you are learning more about why they believe this is an act of domestic terrorism. >> this morning a 28-year-old man walked into the building of the family research council. at some point there was an altercation and the security guard at the family research council was shot in the arm.

the suspect asked the guard not to shoot him and he told the guard his issue was not with the guard but with the people in the building he was in. they are trying to find out where the gun came from, fit was purchased legally. the fbi is on the scene. they have expertise in evidence collection. they are look at whether it was a case of domestic terrorism. now the fbi is interviewing the suspect at their washington field office. megyn: the suspect said to the guard who he was -- who shot who was taking his gun away from him. don't shoot me. is is from something he said earlier. don't shoot me, it was not about you, it's what this place stands for? >> that's what i'm told. at the point where the guard had a gun and the suspect did not. the suspect asked the guard not

to shoot him. he said my issue is not with you. megyn: did they have any details on the ammunition on this guy? >> i don't have the info on that. the investigation is in the initial stages and authorities keep saying we are getting new information developing. megyn: i want to tell our viewers the national organization for marriage has released a statement condemning this attack on the family research council. both groups support traditional marriage and do not support gay marriage. and wrote in part as follows. today's attack is a clear sign we have seen that labeling pro marriage groups as hateful must end. he writes the southern poverty law center labeled the family research council a hate group for its pro marriage groups and less than a day ago the human rights campaign called the family research council a hate group.

we'll see much more on this shooting. our thanks to mike levine for that caller on the scene inside the family research council. more as we get it. we received reports today on a massive piece of poll research from the "usa today" newspaper and suffolk university reporting. there are 40 million voters who reportedly say they want president obama to be reelected but they don't plan on going to the polls to vote for him for a number of reasons. a number of these folks are disappointed by what they view as a lack of hope and change. joining me, sally toll's and chris plante. they were asked, why not?

if you like president obama why don't you get to the polls and go out there and vote for him. they talked about they are too busy, they are not excited. they don't feel their vote matters and nothing ever gets done anyway. put it in perspective, chris plante. >> i think there is a great deal of disappointment. i hear it almost every day these days from my listeners calling in saying i used to be a democrat. but there is millions of people are crest fallen. there was all this hope and change and at this point we are more polarized than ever. the president and the vice president yesterday seem to be deliberately balkanizing the american people for their own gain. it's the dirtiest campaign anybody can remember. the economy is in the dumber. college graduates are living in their mom's basements.

why would anybody be enthusiastic about re-electing the president. we are in a point of malaise. things are not going well. one of the reasons i think people are saying, well, i support the president but i'm not going to vote for him because if you say you don't support the president you are labeled a racist. i think people are shying away from that. megyn: sally. these folks, they said 2/3 of these voters say they did vote four years ago. and they backed president obama by 2-1 over republican john mccain. they didn't feel the lack of enthusiasm four years ago. does that not show they are a bit disappointed in the result? >> there is no question there are voters out there who were excited about the possibility of hope and change and have been frustrated i think by the pace of that change, by the roadblocks put up in washington by the -- you know lock jaw

gridlock in our capital. in every election there are 80 million, 90 million americans eligible to vote and registered to vote and don't vote. i think -- i wish we could put partisanship aside and put patriotism at the front. but it looks like this election will come down to democrats trying to get more and more people to vote and republicans trying to discourage and suppress as many voters as they possibly can. megyn: i think it might be patriotic to tell these people to stay at home. according to the polling only 39% of them could even name who the vice president is. >> they still get to vote. voting rights are the most important enshrined fundamental right in our constitution. megyn: why should you get to do it if you don't trite as important. >> i don't know, people are paying more attention to

desperate housewives than the vice president. >> we should be doing everything we can to help more americans vote. when pennsylvania passes laws that will disenfranchise up to 10% of voters, and the republican leadership -- the republican leader of pennsylvania says he's doing it to help mitt romney win the election i think we should be ashamed. >> democrats are trying to protect illegal voting to help get barack obama elected. up very politely had to shots in there. it's republicans obstructing obama's brilliant recovery plans. the president attacked paul ryan and the republicans saying it's their fault relief has not come to the midwest. in fact paul ryan voted for the republican house bill that passed through the house and has stalled in the

democrat-controlled senate. people are tired of the misrepresentations and falsehoods. 70% of americans support showing an i.d. on election day. everybody has got an i.d. these claims of suppression is another introduction of race into the issue like joe biden yesterday and people are sick and tired of what the democrats are dishing out. that's why people aren't enthusiastic about what the democrats are peddling. it's gotten so dirty and cheap and vulgar that it's between truth and lies and vulgarity and civility. megyn: the issue highlighted by these issue was not it's too much of a pain to vote. that is not what was behind this lack of enthusiasm. it was according to the guy who did the survey, a lack of trust in our leaders, a lack of positive feelings about political institutions, a lack of civic education. the cynicism. that is how they feel.

they don't think anything can get done. they don't think their vote matters. it's not, it's too difficult to show i.d. it's i don't like the system. >> i think they are just too busy. i don't think -- i hope we can all agree here. i hope we can all agree that we should be encouraging more people to vote in america. part of the issue what i'm bringing up is the larger issue of tone. remembers priebus, the chair of the republican national committee said wisconsin's elections were riddled with fraud. there were 7 fraudulent votes cast out of 3 million. megyn: that's a different debate. >> when we have republicans pushing. when we have either party, democrats have voted for it, too, pushing laws that will

suppress and disenfranchise up to 10% of the country we are sending a message that voting isn't that important in our country and partisanship matters more. megyn: you are off point, sally. love you but you are off point. here is the question for you. if you don't know who the vice president is. let's take it another step. if you don't know who the president of the united states is, should you be allowed to vote? >> if you don't have a driver's license or some kinds of i.d. how do you live in america. if you don't know hot president is you are entitled to vote. even if they don't know who the president is. megyn: is it right? should we be encouraging these people to get to the polls? >> yes. megyn: why? >> i think people that are that disengaged won't show up. they probably don't know it's election day when it rolls around. the president -- sally, you know perfectly well owned both houses

of congress for the first two years of his term. the president passed bill after bill that harry reid and the democratic controlled senate and the president have done nothing about. this blame game is not even for adults anymore. it's become so vulgar and appalling even your own supporters are turning their head out of disgust. i get calls from them every day. >> the larger issue is encouraging everyone to vote. we should have better civics education. but we all get to vote whether you like who they vote for or not. >> talk to the teachers union about better such is education. megyn: thank you both so much. if you need a job there are openings. but you better be prepared to take guys on like this. florida is looking for a few good crocodile hunters. plus this expert in pediatrics got national attention when police accused him of waterboarding his own daughter.

we did some digging and found out what this guy told oprah winfrey about children and near death experiences. why that tape may prove very relevant in this case. "kelly's court" is next. >> the water then would run up her nose causing her to gag or lose her breath. and be unable to breathe. well, i had all the classic symptoms... like the elephant on my chest... he thought he was having a heart attack. she said, "take an aspirin, we need to go to the hospital."

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megyn: "kelly's court" is back in session. a delaware pediatrician accused of waterboarding his own 11-year-old step-daughter. he's known as an expert in near death experiences in children. now he's accused of holding his own child's face under running water at least four times since 2009. the allegation is he held her in such a way that water went up her nose. his attorney says that charge is

exaggerated and not to be believed. police are suggesting that this expert again in children's near death experiences may have been taking his research too far with his own family. here is what he said on oprah a few years ago discussing his research. >> what did you learn? >> i learned that near-death experiences are a that are and normal experience. they are not to be thrown in the same category as uf orkss or big foot sightings. and we'll all have this experience when we die. >> are you comforted by knowing that? >> absolutely. after you have had children say to you, heaven is fun you sort of lose your fear of death. megyn: joining me, arthur aidala and jonna spilbor. it's creepy. this guy, oprah put him on several times and had him talk about the near-death experiences

of children. now the police say as a method of discipline or effort to research his theory he waterboard his own child. arthur, do they have a case? >> obviously there is going to be an intense investigation. what the 11-year-old is going to say will have a lot to do with it. four times since twain, that means once a year. it's not like it's happening all the time. megyn: that's not such a great defense. >> they are saying he's putting her face over a faucet. megyn: in a way where the water was going up her nose. my brother used to spray the water in my face. >> and some were hit about a barber strap. that hurts. that really hurts. that really hurt a lot and left marks. what about the hot tabasco on the tongue. this is a pediatrician.

he knows it's not going to kill his daughter. this is what he does for a living. it's not like a reckless person with no medical knowledge and don't know the risks that he can actually kill somebody. megyn: listen to this, jonna. the affidavit in support of these charges say that he brought this child to a possible near death state from the simulation of drowning. now listen to him on oprah on that point. near death experience. listen. >> what we found after scientifically studying this for many many years, that these are not hallucinations, they are not caused by the psychological stresses of being in intensive care units or caused about it psychological fear of dying. they only occur in people who have actually been resuscitated from cardiac arrested or have had close brushes with death. megyn: the prosecution is going

to use that. >> absolutely and they should. this is no coincidence. his excuse that this is being exaggerated is b.s. he said in the earlier part of that segment it's normal and natural for children to have near-death experiences. it's normal and natural for kids to suck their thumb and believe in santa claus. that's no different than putting a pillow over her head, arthur. megyn: he's facing felony abuse charges. how do you get out of abuse charges if you did this to your kids. >> there is a big case that took place in this same jurisdiction. another document named earl bradley doing 14 life terms base was a pediatrician and he was abusing children in every way possible. physically, mentally, sexually. so what my hypothetical client is saying this is the

government's knee jerk overreaction to what that doctor did to these kids. megyn: we are going to continue this dough bait on the opposite side of the break. there is more from oprah you need to see. 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle 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!

megyn: cot appearance on "oprah" of his beliefs as is powsd in his book about near death experiences being natural and normal come back to hurt him? i believed this would not be a bad thing for her because listen to this clip describing how it's rainbows and unicorns. >> many children have this kind of a guardian angel. one child said i have a wonderful secret to tell you of i have been climbing a staircase

to heaven. another child didn't have a guardian angel but had a family pet who helped him in his journey through that same tunnel to heaven. megyn: they have to prove it was an element of this crime. that you would now were likely to injure the child. can he use that stuff to say i didn't know, i believed it would be a great experience for her. >> he can't just play the clips you just showed. the prosecutor can because they have a right to cross-examine him. so he would have to take the stand and he can allude to the fact. then he can use that. he could say i knew think it wasn't going to kill her. he has to say -- can't say i was experimenting. there is no way that's going to fly. megyn: they will go after the child. his lawyer came out and said she is an 11-year-old who made a

false abuse claim against a family member in the past. >> he has come out and said she is exaggerating. he will pit her credibility against her unnatural death series. it wasn't just shoving her face under the water. he dragged her across a gravel driveway. it's not your place to shove your kid's face under running what for. megyn: preliminary hearing in the case tomorrow. what do we expect out of that? >> they will be bound over. megyn: any predictions on results here? >> usually there is some sort of plea bargain. non-jail. parenting classes. supervision by probation. megyn: thank you so much. coming up we are getting new information about the shooting at the family research council in downtown washington. what we are learning about the suspect coming up. [ male announcer ] this is anna, her long day teaching the perfect swing

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