jenna: but all of our camera team has volunteered, right, guys, just to kick them out. no, thumbs down. jon: meggings next week, we'll have the video. [laughter] jenna: if you're looking for that one item that you don't know who to buy, the favorite guy in your life, this could be it. you wore tights once when you were in that play, right? jon: yeah, sort of, but we don't show pictures of that. [laughter] jenna: you never know, they could be the next big thing, and you're learning about it now. jon: i have stuff like that in my wardrobe, but it's called base layer for skiing. you don't wear it in public. thank you for joining us today. jenna: "america live" starts right now. megyn: fox news alert on questions surrounding an arrest at the office of powerful united states senator as one of his former interns is taken into custody. welcome to "america live," everyone, i'm megyn kelly. fox news has confirmed that new jersey democrat robert menendez employed an unpaid intern who

was not only in this country illegally, but was apparently a registered sex offender. senator menendez says he just learned about the situation this week, but according to the associated press, immigration and customs enforcement, i.c.e., first learned about this intern back in early october. they then notified their superiors at the department of homeland security, and an ap source -- described as an official -- says that the department of homeland security instructed i.c.e. not to arrest this guy until after election day. when contacted by fox news, homeland security denied that allegation that the arrest was delayed until after election day, but clearly this is all just coming to the surface now, and there are questions about why and questions about how it happened in the first place. joining us now, chris stirewalt, our fox news digital politics editor and host of "power play" on foxnews.com live. so we had an illegal immigrant

who was a registered sex offender working for a united states senator. apparently, the person was in his new jersey, not his washington office, we're told. but let's start with that, chris. how exactly does that happen? >> well, megyn, one supposes that the screening for interns willing to toil for some elected official is not that strict. but -- maybe they're not going to do a background check for sex offender. but, you know, immigration status, you'd think there might have been something that could have happened there that they would have done the standard employment verification, but maybe they didn't because he was just an intern. but, gosh, this is a state of affairs that new jersey republicans would really have liked to have known about in october instead of december. megyn: yeah. and i -- the business, the guy was 18 years old, we're told. so the business about the sex offender registry, i don't know,

to me there's a question mark on that because if you get that while you're under age, which is what we're told is what happened with this guy, it may not be accessible via public record. but if he had to register -- so i don't know. i don't know what the story is there. however, on the illegal immigration front, chris, menendez's office said that his staff does ask interns whether they are in the country legally, quote: but cannot check to be sure. the federal government cannot check somebody's immigration status? since when? >> that is, that's a new one to me. maybe that's their rule in the office. i don't know anything about it. but as you say, it is the doggone federal government, and people assume since they include things like immigration and natchization, that that would be within the realm of the possible. megyn: yeah. they've got a pretty good connection. i'm coming at it from a national security stand point. you know, we need to know who's advising our senators, to whom

we're granting access to our important lawmakers, so there's got to be some way of tightening the security here. this guy doesn't necessarily sound like he was a threat to our national security, but what's to prevent the next person who's an illegal immigrant who may have, you know, no good on his mind from coming in there's no screen? and now i want to get to the political angle with you, because senator menendez was up for re-election, and this report -- again, out of the associated press -- is that a u.s. official involved in the case, that's how they describe their source, a u.s. official involved in the case told the associated press that homeland security specifically told the cops not to arrest the guy until after election day. would there be any reason not to do that? >> it's a pretty appalling accusation. if that were, in fact, true, that's a very serious accusation to say that the obama

administration in the form of the department of homeland security would have shielded an incumbent democrat running for re-election against a well-funded republican challenger, that they would have seemedded him from this embarrassment in the weeks before the election would be a very serious charge, very serious, indeed. megyn: they come out and say that is categorically false. a homeland security spokesman says it is categorically false that we delayed the arrest of this guy, luis abraham sanchez zavaletta until after the election. so we have two diametrically opposed stories. one is on the record, one is off. where does that leave us? >> i don't want to end up in kelly's court today, but i think the term is -- there is at least circumstantial evidence in this case that says that the timing at least is tremendously favorable for the senator, for senator menendez. the timing of this couldn't have

been better. so certainly the timing benefited him greatly. whether that was, whether there was malfeasance involved, i don't know, but he's got to be happy about the timing. megyn: uh-huh. we will keep an eye on it. chris stirewalt, thank you, sir. >> you bet. megyn: learn more about this developing story by going online, check out our web site, foxnewslatino.com, for complete coverage. and we are tracking a developing story high above the earth after a controversial rocket launch by north korea poses possible new threats to america. this week's launch, condemned across the globe as a thinly-veiled test of a long-range, possiblily nuke already-armed missile -- nuclear-armed missile, and now it look like the satellite is spinning out of control in space. no word on what happens if this thing falls back to earth. the obama administration said there would be consequences for north korea's decision to launch this thing.

stay tuned for that. major developments today on the civil war in syria. for the first time since the start of the conflict there, a critical syrian ally is suggesting that bashar assad may be forced from power as we're seeing an extreme escalation in the violence there. yesterday we told you how the syrian government is using scud missiles on its own people, and human rights organizations also say they are dropping incendiary bombs on populated civilian areas. the claims are based on witness accounts and disturbing amateur video like this. you can see people, including women and children, running for their lives. more than 40,000 people have been killed since this uprising began 20 months ago. the estimates are even greater depending on who you ask. leland vittert joins us now from our mideast bureau with more. >> reporter: civilians are dying at the hands of not only president assad, but also at the hands of the rebels. today at a school inside a damascus suburb, a massive car

bomb exploded nearby, at least 16 people killed, many of those women and children. you can see the video provided by syrian state tv shows the destruction there. and this shows how president assad's regime is beginning to lose control. the thread is unraveling as the rebels are unable to now launch attacks over and over inside damascus. two car bombs in the past two days. historically, these have been carried out by a former al-qaeda in iraq syndicate group using fighters who were trained in iraq to then bring their expertise into syria and fight this battle. it shows really how the rebels are now able to project power whereas president assad's forces are forced into a defensive position, and that's maybe one of the reasons they're starting to use those missiles against a number of rebel positions. the street-to-street fighting is also getting worse in and around damascus, in and around a number of the larger cities, and we are seeing rebels which are better armed, better equipped, more command and control. we're also, of course, seeing the rise in the number of

foreign fighters and muslim extremists who have a common enemy in president bashar assad but certainly want very different things from the democratic movement that started this revolution in the beginning. on the diplomatic front, the head of nato recently said today that he felt as though time was running out for president assad, it was only a matter of time before president assad fell. you may remember a year ago u.s. officials were saying president assad's days were numbered, so it's anybody's guess really when he actually falls. the problem, though, megyn, with these muslim extremists coming in is it may be the start of a new chapter in syria's bloody civil war rather than an end to the violence we're seeing. back to you. megyn: leland, thank you. there was a new twist in the fight to preserve the legacy of a fallen marine. for the second time the pentagon has said no to the medal of honor for a marine sergeant who fell on a grenade in iraq and saved lives in the process. but there are questions about what exactly went down that day. up next, we will speak with the

congressman who has been fighting for so long to win that honor for this hero and hear about the evidence he says proves that pentagon brass is making a mistake. this man's family refuses to accept the navy cross. they believe their son deserves the medal of honor. and you'll hear why next. and authorities say the reason the death toll in oregon's horrifying mall shooting was not higher is because some quick-thinking bystanders made a few smart decisions. coming up, a former navy seal tells us what those things are and what you need to know if you come face to face with this kind of violence. and growing concerns that new environmental rules could get people kicked out of their homes in an effort to clean up our water. ♪ [ mother ] you can't leave the table

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♪ megyn: new details about the small plane crash that killed mexican-american singer jenni rivera. mexico's top transportation official saying her lear jet plummeted 28,000 feet in just seconds, slamming into the ground nose first at 600 miles per hour. rivera and six members of her entourage were killed instantly. it may take days to recover the wreckage and identify the remains. jenni rivera's style of music was very popular among latin music fans. she was just 43 years old. >> well, there is growing debate now over our nation's highest military honor after a fallen marine is posthumously denied the medal of honor for the second time after falling on a live grenade in iraq. an act that cost him his life

but likely saved several fellow marines. sergeant rafael paralta was in fallujah in 2004. he is said to have fallen on the grenade, and while he likely saved several lives, he would not make the trip home alive. at the time, then-defense secretary robert gates determined he was already brain dead when he fell on that grenade and as such, he decided to award him posthumously with the navy cross. that's one level down, instead of the military's highest award, the medal of honor. and while defense secretary leon panetta recently agreed with that assessment, one lawmaker and former combat marines says he will not stop fighting for him. republican congressman duncan hunter of california is a member of the house armed services committee and is a former combat marine who served this country in iraq and afghanistan.

sir, welcome. >> hey, thank you for having me. megyn: and thank you for your incredible service as i read up on your background before you came on today. really impressive and wonderful, and i want to ask you about this fallen marine because it's so extraordinary to have this disparity between the marines and the navy seals who are he deserves the medal of honor, and the department of defense brass -- first robert dates and now leon panetta -- saying, no, he doesn't. what is the essence of the dispute? >> well, the biggest dispute is this, they say that the witnesses who saw this -- and there were seven marines many this room that actually saw him pull this grenade under his body -- those marines give differing testimony in this way, megyn. four of them say he pulled it under his chest with his right arm, two say he used his left arm, and one couldn't say which arm he used. that -- but that is their reasoning for denying the medal of honor in this case. and there's a couple of other reasons too.

it's hard for a secretary of defense to overturn precedent set by the prior secretary of defense. i think it gets a little bit political, too, which is sad. the grounds for the medal of honor, it's very simple. two eyewitnesses. that's all your need, just go. and the -- just two. and in the words of those marines in that room and the fact that those marines whose lives were saved by rafael, that they're able to testify to this because they're alive now because of what he did, that's enough for me. and here's the biggest problem, too, it's hard to have bureaucrats in d.c., doctors whether they're military doctors or not trying to make a call and a judgment on a combat situation. people do things that are heroic while gravely injured all the time in combat. that's just one of those strange things about combat. somebody gets shot so many times, they're still able to save their friends or commit some -- megyn: yeah. >> -- other act of bravery. so that's the biggies piewt.

megyn: but they seem to be saying -- before we get to that, to offer -- i see what you're saying. mr. panetta basically had to almost defer or to mr. gates' determination. but he went through a lot. he appointed a five-member panel led by general george casey, the army chief of staff, to review reports of the battle, because they take this very seriously, the medal of honor, as they should. and also that panel included a medal of honor recipient, a retired military neurosurgeon and two forensic pathologists and based on their unanimous conclusion that rafael's action did not meet the standard of, quote, no margin of doubt or possibility of error in terms of deserving this medal. >> right. megyn: that's why secretary gates decided not to award -- >> you're absolutely right. but none of those gentlemen were in the room facing the combat that rafael and his marines faced. that's where you have a problem here. and let me tell you about secretary gates. you should the bush

administration -- under the bush administration, not a single medal of honor was given to a living recipient. you had over 246 medals of honor in vietnam, only 10 have been given -- all posthumously -- under the bush administration to living recipients now, but only ten since 9/11. that's kind of the broader picture here. secretary gates did not see one single action in iraq or afghanistan that warranted the medal of honor to a living person. that's troublesome, because i will tell you from firsthand experience those acts of bravery and courage were being committed every single day. so under the bush administration, again, not a single living person got the medal of honor, and only a few given out posthumously. and that panel that you speak of, that was unprecedented. that has never been done before for the medal of honor. what has always been taken, the marines or the soldiers on the ground, the eyewitnesses that

are there in that combat environment being shot at in that crazy, loud, smoke-filled room, those are who you look to for their assessment of what happened. and when you have -- megyn: let me ask you this, i understand -- >> that's pretty conclusive. megyn: and i'm not picking a side, i just want to make sure the audience knows what the pentagon's saying on it. they say that the autopsy report that was conducted on the sergeant said he was already brain dead from friendly fire by the time he was killed by that grenade and, thus, he couldn't have made a conscious decision to smother the grenade because he'd already been mortally wounded in the head by the rifle round. and so they say, you know, without disrespecting the sergeant in any way, they say it has to be a conscious decision, you know, to really risk your life to save others. now, i know there was, there were conflicting points on that, because the eyewitnesses were saying even after he got hit he reached over, he pulled it into his body, he tried to protect his fellow marines.

but if there's any doubt, is that the standard? if there's some doubt, then they don't award it? >> but they created the burden of doubt in this case, megyn. they actually created the doubt. there was of no doubt -- megyn: but the autopsy report. >> right. but the autopsy report can't tell you what a person does under extreme duress after being shot in a combat situation. and that's my point. that's why this panel is unprecedented in trying to look at an autopsy report after the body is already in the actual ground. that's not what you look to in the these cases. you look to the people that were in the room and saw this. because men do a lot of crazy stuff even after being shot many a combat environment for their buddies and their comrades. this happens all the time. it's not a strange thing to have somebody who's mortally wounded still fight past their last breath because that's what they're doing at that point in time. and that's what you cannot

reconcile a dod/pentagon panel with the actual combat, eyewitness account. megyn: yeah, our marines who swore to it. we don't believe them, apparently. >> those marines are still alive. megyn: and then you've got a forensic pathologist who says his head wound would not have prevented him from taken further action. the navy agreed the medal of honor, and his family has not accepted the navy cross. they think he deserves more. duncan hunter, thank you so much for coming on with this story. >> thank you very much. megyn: coming up, new details on the oregon mall shooter, and how you might be able to save yourself, god forbid. [ loud party sounds ]

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megyn: well, we have new information this hour on the masked gunman who opened fire in a crowded oregon mall killing two people before turning the gun on himself. we're learning about his demeanor and actions in the days

before he walked into the town center mall. dan springer joins us from oregon. dan? >> reporter: yeah, megyn. we're getting a mixed picture of jacob roberts, you know, on facebook, his facebook posting, he described himself as an adrenaline junkie who likes shooting, but most people who were talking about him are saying he was a pretty average guy. he had recently quit his job and told friends he was moving to hawaii, but then he may have missed his flight last weekend. some people also say he was depressed about a recent breakup with his girlfriend. tuesday morning he was seen carrying his guitar case. roberts' mother had complained about his drug use and worried about him ending up in the prison, but he had no real criminal record, and through a friend, his mom issued a statement. >> tammy wishes to express her shock and grief at the events at the town center on tuesday. she has no understanding or explanation for her son's

behavior. >> reporter: now, the tragedy might have been a lot worse if the ar-15 rifle roberts stole had not temporarily jammed. also the mall and local police had just trained for this exact scenario last spring. the other good news is shooting victim christina -- [inaudible] 15-year-old girl, is doing much better, expected to fully recover. a bullet passed right through her back and chest but missed vital organs. 45-year-old steve forsyth was married and a father of two, he sold media ads and was running a kiosk in the mall, supposedly just for the holidays. 04-year-old cindy yulie was a nurse and trying to find a gift for her stepson. >> cindy was an amazing hospice nurse. she spent her life helping other people transition to the end of life. and cindy yulie's family never got to say good-bye. >> reporter: now, the mall is closed again today, it's going

to reopen tomorrow at 9:00. there's also going to be a candlelight vigil here. megyn? megyn: dan, thank you. well, coming up, we are going to be joined by a former navy seal who says three things kept the death toll at that mall from being much higher. he'll explain what those are and what everyone should know about these kinds of situations and what you can do to minimize your chances of being caught in the crossfire. plus, uproar in virginia over regulating water! and concerns that some new epa rules could end up costing people their homes. yeah. imagine reasoning to this all day. -- listening to this all day. we told you about this yesterday, at your home. crying baby, screaming outside of your apartment. that's the sound a union is blasting outside an apartment complex to make a point, leaving residents at their wits' end, but is there anything they can do about it? kelly's court is on the case. >> i know everybody say they got

the right, and that's fine. don't we have rights, too, that we have to hear this constantly every day?

megyn: a fierce battle over water is about to be waged in federal court. several government organizations in virginia have sued the environmental protection agency over regulations they say are so strict that the epa is now dubbing water itself a pollutant that it can regulate.

but there is more. there are concerns that complying with the epa's regulations could wind up forcing the government to regulate people's homes and what they can do to those homes. those homes could be in jeopardy, and the empty lots could then be reused by the feds in different ways. shannon bream is live in washington to explain. shannon? >> reporter: well, megyn, it almost sounds unbelievable, but these are the facts, and tomorrow a federal judge is going to try to sort this all out. the issue stems from a single creek here in the suburban washington, d.c. area and the amount of rain water or storm water that runs through it. essentially, the epa says there is too much water, and that makes it a, quote, pollutant that the agency can regulate under the clean water act. virginia attorney general ken cucinelli says the epa's plan for dealing with the excess runoff is illegal and would require city and county officials to spend about a half billion dollars they don't have, and even worse, to force people

off their own private property. >> they're going to have to do that across a fairly wide area to be able to reduce the amount of flow in the high rain period, and that's a real world impact. families are going to lose their houses, businesses could lose their business locations as well. >> reporter: the agency says it is well within its regulatory powers under the clean water act and argues that, quote: runoff or other wastewater can qualify as a pollutant within the meaning of the clean water act and that epa' is in the harmony with the broader pumps of the clean water act -- purposes of the clean water act, including protecting the physical and biological integrity of waters and reducing the water quality impacts of storm water. the fight has brought together some very interesting allies who normally do not see eye to eye. virginia's conservative republican attorney general now joined by the democratically-controlled fairfax county board of supervisors, and despite their differences during a very heated election year earlier this year,

the board voted to join forces with the attorney general and sign on to this lawsuit against the epa which lands in court tomorrow. megyn: all right, wait. can you just explain how is the water a problem? why does the epa say it needs to be regulated at all? >> reporter: essentially, there is too much water running into the local waterways from this creek. it's stirring up sediment and creating other problems, and because this area is so developed, there's not a lot of places for the water to run off to. so one of the solutions that the attorney general in virginia says has been proposed is, basically, they may have to take down homes and other structures to build storm water facilities and maybe even to pave over -- take out the paving and actually cover it over with grass so the water would have somewhere to go instead of flooding flooding ine streams, churning things up and making it inhabit bl for little things like worms. [laughter] megyn: forget about the people who live in the houses. >> reporter: all about the worms. megyn: water is a pollutant, and virginia says families are going

to lose their homes if the epa's allowed to declare water a pollutant? joining me now, simon rosenberg, president and founder of ndn, also former campaign adviser to president clinton. and marc thiessen, a fellow at the american enterprise institute and a former speech writer for president george w. bush. so it's all about the worms. here's what i get, they don't like the excess water, that's posing problems, and so they can't take it up with god, you know, because he makes it rain when he wants to make it rain. [laughter] so the epa is saying we're going to regulate it and tell the local government that they need to, i guess, potentially get rid of homes, create these real restrictions on the homeowners about what they can and cannot do, try to con tape water runoff -- contain water runoff in people's backyards. this is all according to "the washington post," an article on this, and you tell me, marc, whether this is an epa gone wild. >> yeah. even barack obama can't regulate god, that's the lesson of this story. i mean, look, this is the

flipside of the fiscal cliff. the fiscal cliff is about the miasma of spending that we've had under barack obama, $6 billion added to the debt in one term. now we've got a regulatory cliff that is what we're doing with all that new spending which a highly intrusive government that wants to regulate every aspect of our lives. so we've got the epa that is doing this when it comes to water. when it comes to air, we've got the cleanest air in 30 yearsing according to the epa. they have got six new regulations in the coming year that are going to cost -- 1 38 billion in compliance costs to business, and billions more in higher energy bills. you've got the transportation department which is planning a whole host of new regulations that are going to raise the cost of cars and trucks. they want to force everybody to have a rear-facing camera inside their dashboard. so an american family that's struggling to make ends meet has to buy a rear-facing camera because the federal government says so. you've got all the regulations

coming under obamacare and all the rest. we are going -- the fiscal cliff is a slow decline compared to the regulatory cliff we're facing next year. megyn: simon, i don't really understand the water and the runoff -- >> me neither, megyn. [laughter] megyn: okay, it's bad for the worms, i guess, okay, that's fine. but here's what got my attention. the democratic-led board of supervisors joined with ken cucinelli, i mean, the very conservative attorney general of virginia. that's a very strange pair of bed fellows to get together against the epa. what do you make of it? >> all politics are local, i guess, megyn. listen, i am not an expert in worms and water, in this, so it's hard for me -- megyn: but if you had to choose, would you go for the worms or the people? >> i do want to say we actually preparing for the segment i did a little bit of homeworker, and what is we are told by various lawyers involved in this is there's no possibility of homes being removed in this process. so that's a little bit of an

overstatement by mr. cucinelli to sort of gin up the opposition to this effort. but clearly, the two sides are going to have to come together and work something out. fairfax county's clearly unhappy with what the epa's trying to do. i'm sure they can work this out. but on the broader set of what mcwas say -- marc was saying about the government, let's just a be clear. the president has agreed to a trillion dollars in domestic spending cuts, he's cut medicare by $716 billion, he's proposed tax cuts for middle class people in the united states. in the article that you sent me to prepare for this segment, most of the people quoted said that regulations and regulatory final rules have slowed way down under obama in the last few years, and by historical comparison are about equal to what george bush did in his first term. so this notion that government is overreaching and it's getting into, as marc said, into every aspect of your life, give me strength -- megyn: speaking of god, simon's actually reaching out to him

during this segment. marc, your thoughts. >> well, first of all, simon is confusing the number of regulations in economically significant regulations which obama set a record on in his first two years in office. they have a massive impact on business. but second of all, they did slow down in the last year. you know why? there was an election, and barack obama put off all of these massive regulations that are being planned, and now we've come to what senator ron portman -- rob portman is calling the regulatory cliff. it's going to cost american taxpayers more money, hundreds of thousands of jobs. these things are all coming to roost right now, so we are in a situation where the regulatory machine is revving up, and barack obama is going to impose these new, six new regulations under the epa alone. just one of those, which is regulating particles in the air, 680,000 jobs are going to be lost if that regulation goes through. >> can i hold you, can i hold you to that?

megyn: go ahead, simon. >> let's come back in six months, a year, 18 months, and you prove those 680,000 jobs were lost because of a regulation that may or may not be promulgated. >> we'll see if it happens. >> this is ridiculous scare tactics. >> it's not scare tactics, simon. >> many of these regulations are mandated by congressional law, and it's just the basic argument behind this that somehow this president wants big government in everybody's lives is not borne out by the facts of his tenure in office where we've seen domestic discretionary spending rise at a lower rate than -- megyn: all right, i get it. >> yeah, okay. megyn: let me just give you this from "the washington post" piece. they claim if the epa regulation goes into effect and stands, that if you build something like a home addition or a new residential development, that would require taking steps to retain all the storm water runoff. i mean, think of yourself as a home owner or the county, you're going to have to counterprogram mother nature.

is it now my responsibility to retain the runoff of the water? is it the county's responsibility before they grant me the permit for the deck i want to build? we'll see how this works, and we'll see what happens in this lawsuit, but a good debate as always. thank you. >> thanks, megyn. megyn: growing controversy over a report that says the administration is mounting a plan against counterterrorism. plus, the only thing crazier than a plot to murder justin bieber appears to be the people behind it. we'll detail the strange and twisted plot that uses paisley ties and a pair of garden zeros. and authorities say the reason the death toll in the oregon horrifying mall shooting was not higher is because some quick-thinking bystanders made a few senator decisions. a -- smart decisions. a former navy seal tells us what those decisions were and how you could make those choices god forbid you find yourself in a similar situation, next.

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megyn: new developments today with the oregon mall shooting spree as police and former members look at how the shooting unfolded and why the death toll wasn't higher. police and former law enforcement members. police say it's because a lot of people did exactly the right thing in response to the tragedy. joining us now, cain courtly, author of "a navy seal's secrets to surviving any disaster." thank you very much for being here. so the sheriff said, look, it was a number of things; immediate response by the police, but also he credited the 10,000 people in the mall and the way they bayed saying they -- behaved saying they kept a level head, they got themselves out, and they helped others get out. i want to get to what you think viewers need to know about, god forbid, they find themselves in a similar situation, the number one thing they need to think about. >> well, in the book i discuss three phases of surviving an

active shooting scenario like a mall shooting. the first one is before the shots are fired, and that's you're going into a public place surrounded by strangers, you need to be aware of your environment. put your cell phone away and look around. see what's going on around you. if something doesn't seem like like -- doesn't seem right, report it immediately. while you're looking around, look for the two closest escape exits. if i need to get out of here right now, i'm going to go there -- megyn: and how about during the active shooting situation? most of these people are just at the food court, they're not thinking like that. so if this danger comes upon you unexpectedly, then what? >> well, i mean, let's face it, most people at a shopping mall aren't combat veterans and aren't going to instinctively do something. when the shooting begins, i need you to think about two things: get down and move, okay? and what you are doing is trying to clear what i call the kill

zone. get down and move. you do not want to freeze, and you do not want to bunch up. and the whole goal is to get to cover. it's a wall, it's a heavy potted plant, a bench. yet to that as soon as possible. -- get to that saps. that's all you need to think about. megyn: so walk us through specifically. you know, this is information we hope never to have to use, but walk us through it specifically. because, i mean, is it the guy starts shooting, and you just turn and you run for a potted plant, you run for something for cover, or do you just keep running, get out? is that your best option? >> look, it depends. if you're right next to an admit and the shooter -- to an admit admit -- exit, absolutely, run out that exit. if you are within 10-20 feet of the shooter, you need to get as low as you can and just start scurrying for something. find a piece of cover that is going to stop these bullets. take a second -- it sounds crazety -- but take a second, try and identify the source of

the gunfire because the last thing you want to do is make the mistake of traveling into that. try and identify it and move to the next piece of cover, even if it's only five feet away, you're going five feet at a time, once you get enough space, you're off of that kill zone, run. megyn: forgive me, but why get down and then move? instincts would say stay on your feet, run as fast as you can behind that potted plant. >> generally speaking, in a shooting like in the shooters tend to aim a little bit high. you are making a lower target of yourself by getting down, as simple as that. megyn: so it's better even though you move faster, do it on your hands and knees, get low. >> exactly. if you are in the kill zone, down and crawl. and then, again, the further away you get from the shooter, the further up you can get, the further you can move in these blocks of time. megyn: how, how important is it to have that game plan in

advance while we're sitting here in safety? >> yeah. because like i said earlier, most people aren't combat vets, they don't have an instinct of what to do. but if you as a civilian, as a citizen think about, okay, let me imagine i'm in that situation, when it happens later -- and hopefully it doesn't, but when it does, there will be a sense of familiarity. wait a minute, i thought about this already, i need to get down, i need to get over there. it's going to make it that much easier while this happened, what now. megyn: they talked about the quick response from law enforcement. the first 911 call came in at 3:29 p.m., officers arrived a minute later. they did not wait for s.w.a.t. teams, that's also changing the way we respond to these kinds of incidents. >> you know what? my hat's off to law enforcement, that's phenomenal, a minute? my understanding is within the last year they actually rehearsed this type of shooting scenario, and for in other law enforcement agencies out there,

you know, look at the results. really my hat's off to them. megyn: well, maybe e did a little -- we did a little bit of good. god forbid this afterr ever happens to any of us, but it's good the know. cabe, thank you so much for helping us do that. >> it's my pleasure. thanks for the time. megyn: see you soon. well, there's now a national effort underway to help this michigan man beloved in the community. see how a president bush -- see how a brush with a proofan ] pro-business union has affected his businessful can't stop eat! what's...that... on your head? can curlers! tomato basil. potato with bacon. we've got a lotta empty cans. [ male announcer ] hear from our chefs on facebook this friday! hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear.

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megyn: and now to the plot to kill teen heart throb justin bieber, a plan thankfully stopped before anything bad happened because some the details on this scheme were

pretty horrifying. gregg jarrett has more. >> reporter: this is a strange and, frankly, really disgusting plot to not only kill, but mutilate justin beer. now, the man believed to be behind it, 5-year-old dana -- 45-year-old dana martin will not be arrested because he's already in prison. martin is serving 35 to life in new mexico right now, and that's where he met mark stake who got out of prison last month, same prison. stake then got his 23-year-old nephew tanner in on this vicious plot to kill bieber, his bodyguard and two other people in vermont. the uncle/nephew combo were busted just south of the canadian border of after being tipped off by new mexico authorities. the strangest part, that tip supposedly came from martin himself who may have had second thoughts about the killings which involved strangling bieber with a paisley tie and attacking

him with garden shears. reports say martin is so obsessed with bieber, he has a tattoo of the singer on his leg. by the way, stake and rain are charged with conspiracy to commit murder, and they're awaiting extradition to new mexico. allegedly, garden shears and paisley ties were found in the vehicle that they were driving. megyn: oh, my goodness. sick. all right, gregg, thank you. well, new details next about what we are told is the obama administration's decision to launch an anti-terror plan that involves gathering information on millions of americans with no obvious ties to crime or terrorism. now questions about whether that is consistent with the fourth amendment. search and seizure prohibition. we'll talk about it. and controversy as a judge orders a company to rehire unionized health care workers who went on strike despite allegations that some of them may have tampered welledderly -- with elderly patients' medical records on their way out the door.

>> what do we want? good jobs. >> when do we want it? now.

megyn: concerns surrounding a disturbing report claiming the obama administration launched a counter-terrorism plan to gather information on innocent americans. including people not suspected of any crime. welcome, everyone. the "wall street journal" published an exclusive on a dragnet that is so controversial there were internal battles in the intel community as to whether this thing made good public policy and made any sense. the program reportedly allows the little known national counter terrorism center to copy any government database, this could include flight records within federally backed mortgage applications, even the people hosting foreign exchange students. it allows the government to go

looking into your government records for possible criminal behavior, even if there is no probable cause to believe that you as an american have been caught up in anything illegal. then that information can be given to foreign governments to look at. judge andrew napolitano has written ex extensively about various counter-terrorism issues. they say there was fierce debate about this because some were saying it's crazy. there is a law that that was passed in the early 70s after watergate saying you can't go. just at random looking for people's government files because you want to check them out. the folks on this counter-terrorism side won out. saying, look, we have got to do it. if we have reason to believe the person might be involved in something we are going to do it and that's apparently the new policy. >> our friends have done the country a great service and

revealing the nature and extent of the debate. if this debate is to happen it should happen on the floor of the congress. the congress acted as you indicated after president nixon left office a federal statute to prevent the government from doing this. if the federal government says we want megyn kelly's tax returns, they have to say no. apparently president obama is going to issue an executive order and may have done so already. megyn: they say attorney general eric holder already signed the changes into effect. >> the law is a strange one. how can the attorney general modify a law of congress. the law says the custodian of the document may give them to another governmental agency if the custodian -- let many say the irs or the faa, if they

publish in a document nobody reads in very fine print that these documents are available for other government agencies to look at. that does not adequately tell the american people that a particular agency is claiming an exemption from the law. megyn: when was the last time you read the federal register? it's like "usa today," parade magazine. i forgot to check the federal register. they are about to spy on my document within the federal government. it's such a joke that that gives notice to people. >> you could sit in a broom closet, the people in the united states of america -- megyn: that's what makes this legal. yet there was an internal debate saying is this good policy? the 4th amendment prevent unreasonable government searches and seizures on americans.

a government search is not allowed normally in this country unless a high bar, probable cause to believe something. reasonable suspicion to believe something. here it's well, do you have some reason to believe? >> now we get into this conundrum where something could be legal that technically complies with the law congress wrote but unconstitutional. because it blatantly on its face violates the 4th amendment. the whole purpose of the 4th amendment was not just to prevent the knock on the door in the middle of the night, it was to prevent fishing expeditions by the government. when the government can march through private document, like an application for a federal-backed mortgage or irs return. megyn: or your health records, if you were a veteran. >> under the affordable healthcare act everybody's

health records are available to the federal bureaucrats. but all federal bureaucrats after what the president and the attorney general agreed to last week. megyn: there is a standard, they say that the national counter terrorism center cannot do it -- if they reasonably believe that information to contain terrorism information. so they can't just go pull my irs reports or some veteran's health records or your health records unless they reasonably believe that information is going to have terrorism information. >> here is why that reasonably believes standard is nonsense. any standard governing the behavior of people in the government should be written by the congress and not by the bureaucrats who are going to have to apply the standard. unless this information they

obtain but or me or anybody is used against us in a court of law. we will never know that they have it. so we'll never be in a position to challenge it. we'll never know what the standard was. we won't even know who exercised that standard. all this is is a blank check for the government to run rampant over our privacy rights as it does all the time without authorization by congress and in a manner the public could never imagine. megyn: president bush came under fire when they were listening in on these telephone calls that americans were having if they believed a terrorist was on the other end. he and the administration got severely criticized and many defended them saying, they are saying a suspected terrorist -- second of all, we are talking about terrorism. and the country gives the administration more leeway when it comes to protecting this nation against a terrorist attack. >> i think you are right.

the right to privacy is gradually slipping through our hands because the government scared a lot of us thinking by surrendering our privacy to bureaucrats they will keep us safer. i don't buy it. i don't think you do either. megyn: i'm not telling you how i feel. so there. >> merry christmas to you. megyn: as i mentioned. judge napolitano has written extensively on government surveillance. if you go to foxnews.com and click on the opinion page you will see the judge's column titled "government spying out of control." fox news alert we are just getting roared on venezuelan president hugo chavez that he had complications during surgery for pelvic cancer. he has suffered bleeding but that he was recovering. he did add that the recovery

process will require a quote prudent period of time as a consequence of the complexity of the surgery. he has kept secret the details about this cancer. he hand picked a successor. we'll watch for updates. we are also tracking concerns about north korea's rocket that was defiantly launched yesterday. this is a long-range missile potentially capable of reaching the united states. the united states is paying attention. north korean state tv reporting this is video of a rocket launch. the satellite may not be functioning properly and it appears to be quote tumbling. >> reporter: there seems to be a bit of confusion about just how successful yesterday's launch was. in fact u.s. officials are

telling us initially it looked as though the launch worked in terms -- it did work in terms of the three phases. it put the satellite into orbit. there are indications the north koreans may not have control over the satellite and while it remains in orbit it is couple belling. it's not feared at this time by u.s. officials that it will fall out of the sky. but they are watching it carefully in the coming days. the south core treens put out an account that said it appears the north koreans do have control over the satellite. the south koreans are continuing to retrieve debris from the long-range rocket out of the sea. president obama has not reacted publicly to the launch. the administration is torn about not want to go giver the north koreans too much attention. >> what we have said both leading up to now and in the aftermath of this launch is it

was a provocative act that threatens regional peace and security. and it is regrettable the leadership in pyongyang chose to take this course in flagrant violation of its international obligations. >> in the days ahead the united states will work with partners on the security council as well as partners in the six-party talks in the international community to pursue he appropriate action. >> reporter: but those options are limited without china's backing. megyn: the north koreans launch this rocket. the satellite into orbit and we get concerned. we say this is a test about it northt koreans to see if you can deliver a nuclear war head to places as far away to the united states. now we see there are other related problems perhaps not anticipated. coming up in just a bit. renewing the debate over gun control.

we'll show you what they want in three minutes. yesterday we introduced to you a union in philadelphia using an unusual and annoying tactic to spread its message. in today's "kelly's court" is the group within its rights to drive the residents up the wall with this? >> your community is crying for jobs, participation and fair wages. [sound of baby crying] begin. tomato, obviously. haha. there's more than that though, there's a kick to it. wahlalalalallala! smooth, but crisp. it's kind of like drinking a food that's a drink, or a drink that's a food, woooooh!

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megyn: a lot of people are reaching out to help one small businessman who took a big hit when union supporters violently tore down this tent that was put up by folks supporting the right to work law. people were still inside of it.

including the owner of an iconic hot dog kasht io cart in the ar. he said two men came up to him in a makes. minutes after he hand them his hot dogs. they ripped down the tent and destroyed his hot dog cart, his business of 16 years. a staff member for a republican state senator set up an online fundraiser to help raise money for the lansing businessman. the goal was to raise $15,000. and the cash keeps coming. he will join our own neil cavuto on "your world" today at 5:00 p.m. some gun control advocates are making a new case for limiting

certain gun sales. police say the suspect in oregon used a stolen ar-15 assault weapon. some advocates are blaming the shooting on the expiration of the 2000 ban on assault weapons. they believe this tragedy may be a turning point in gun control. so folks are look at this situation in the mall in oregon. it was an ar-15 rifle. many versions of the ar-15 rifle were band under the assault weapons ban. so we don't know if this particular gun its model was band but many versions of the ar-15 were band and some folks are saying if that ban were still in place whoever he stole the gun from wouldn't have had it and it wouldn't have been there for the stealing.

>> i don't understand even under the second amendment why anybody needs an assault rifle. there is no reason for it. it's a gun that you will kill a lot of people with very quickly. it's not good for hunting and it's not good for self protection. so when it comes to gun control people who are pro second amendment and most people in this country are, don't understand that just because you are pro second amendment doesn't mean you have to take it to the most i will logical conclusion which is i any kind of gun, any kind of weapon any time under any circumstances. there needs to be a reasonable understanding that self-protection, hunting, those things are note necessarily used when you have assault weapons in your hands. assault weapons are in existence to kill a lot of people quickly.

>> you are obviously not defending people using guns for nefarious purposes when you have this discussion. but the discussion is silly. it's not an assault weapon if it's not fully automatic. fit many semi-automatic it fires a round that you will find in hunting rifles. megyn: the difference between that, you pull count trigger and the bullets just keep coming out. that's what our military does. semi-automatic you have to keep pulling the trigger. >> one pull of the trigger, one bullet fires. you need a special violence for a fully out mad i can weapon. the fact that it looks scary doesn't mean it's an assault weapon that needs to be band. you can have hunting wrifls with larger bullets that have magazines that are comparable to and in some cases greater than the ar-15 or m-4.

i was firing an m-4 and m-16 weapon this last weekend. one was fully automatic and one was not fully automatic. you can't tell the difference by looking at them. we entered this era where people want to ban them and people see these situations as opportunities to ban guns. people who want to ban guns don't understand the difference between gun a and gun b. enthusiastic gave them a slide show a lot of people would ban bb guns that look scary but not ban rifles. megyn: how much of this is an attempt by well-meaning americans to make themselves feel better about things we cannot control which is the deranged actions of a madman. we turn to guns. that we can regulate. is this about that or is it

about genuinely believing that if we get these particular weapons ruled illegal -- i'm not going to say get them off the street, would make an impact. >> i think the point is well taken. i think for advocates of gun control, there is a proliferation of guns, they are so easy to get. i can go to a gun show and get a gun without any background check. so they obviously fall into hands of people they are not in the hands of. when you say in a blanket way, no way, no how are we going to regulate firearms. i don't think it was meant to put assault weapons into the hands of everybody. what ends up happening is we end up having a higher murder rate than other countries where guns are more controlled. when you look at what happens in europe. they just don't have these kinds of mass shootings all the time. this happens repeatedly.

it's almost weekly or semi weekly we have these kinds of shootings going on. at some point people have to stop and think and say there has to be between well-meaning people supporters of gun control and those who want to preserve -- there has to be an understanding that we can come prcancompromise on this issue dt mean you are trying to get guns out of the hands of well-meaning people. megyn: in this case the guy stole the gun. so nothing would have stopped him from, you know, stealing it. but if this type of weapon were band, would it have been around for the stealing? >> this one may. we don't know what type of weapon it was, whether it was covered by the ban. the genie is out of the bought on this.

unless you are talking about having the government go door to door to get the beretta. you know, the solution is not to ban this gun but not that gun. there was a mass murder, more people killed than in this instance in salt lake city where the gentleman used a shotgun at a handgun. if you ban these guns and the next time a guy uses a shotgun, the same people come back and say we need to ban shotguns. you get a revolver. megyn: we have got to leave it at that. don't go away. [ loud party sounds ]

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megyn: connecticut senator are you comard bloomingthal promised

to take on the tobacco companies. in the homes of using the proceeds to fund programs that would convince people to stop smoking. the tobacco industry was forced to pay millions in compensation. the money went to the states and now there is an eye-opening report on where that money is going. >> reporter: between the settlements and tobacco taxes u.s. states are expected to take in $25 billion this year. but they are expected to spend less than 2% of that money on smoking prevention program. that according to a report of coalition of public health organizations. nearly half of the states provide less than 10% of the funding the cdc recommends for anti-to be program. only the states in green are providing 50% of the recommended

funding. >> north dakota and alaska are the on two states funding at the level recommended about it cdc. >> reporter: u.s. cigarette manufacturers agreed to pay $246 billion over 25 years to compensate states for public health costs related to tobacco use. but the agreement doesn't regulate how the states spend the money. >> though there are know agreement on tobacco control. the states that have done that have gotten great benefits. they have seen tobacco use falling and they have seen costs related to tobacco fall as well. >> many lawmakers see the benefits as long-term investments. if you are running for reelection. every two gleerts current

economic climate the temptation is there to use the money instead to shore up your general operating funds. megyn: 600 healthcare workers are now about to be fired. as a judge sides with union strikers who this summer walked out on their nursing home jobs. why the controversial ruling is raising eyebrows.

megyn: there is a controversial ruling with the s.e.i.u. union. workers walk out on their jobs back in july. in desperate need of people to take care of the sick seniors the nursing homes brought in temporary workers and fired the striking employees. so the unions took their case to court. they said the employer wasn't fairly bargaining with them. now the judge ordered the company to rehire the striking union workers and fire the non-union workers. but in this case the folks about to rehire, some of them were accused of criminal acts during

the strike and when they were fired that were said to have endangered the lives of the seniors they were said to have done things like tampered with medical records on their way out and so on. >> reporter: incredible story. when union workers walked off the job they were angry over a contract offer they didn't like. health bridge systems said some of them allegedly decided to punish the nursing home patients, jeopardizing their lives. health bridge systems spent 19 months trying to negotiate a new contract with workers. faced with tough financial times the company offered pay raises but asked workers to contribute to their health insurance and switch from pensions to 401ks. they launched a strike instead. on their way out health bridge claims they damaged health

records of patients. elderly and frail patients with dementia, alzheimer's disease. a nurse was hired to evaluate the impact. she wrote, the nature and severity of these incidents put the safety, health and well being of the residents of those facilities in immediate jeopardy. reinstating the union workers would put patients at risk of serious harm or death. a criminal investigation is pending but the union denies sabotage. >> we are dubious about anything that comes out from health bridge's corner. it's like an attorney advising their client, first you deny you did anything wrong, then you try to point the finger in some other direction. >> reporter: a federal judge ordering hundreds of replacement workers be fired to make room for rehiring the 600 striking

union members. returning to striking seiu members to the workplace would expose residents to the very people who sought to do them harm during the july 3 walkout. here is the kicker. patients and their families reported better care under the non-union replacement workers. megyn: let me ask you this. on what legal basis do the union workers get their jobs back? >> reporter: they claim health bridge act in bad faith by unilaterally imposing the new contract. they said we spent 19 months trying to strike a deal. but the union they claim stalled and thus we reached an impasse. when that happens as you know under collective bargaining rules, the company is allowed to impose a contract. this order giving the union workersa their jobs back is temporary because health bridge

appealing. megyn: you are saying the criminal investigation as to who messed with the name tannings is pending. megyn: the healthcare company is asking how it is supposed to rehire workers it believes put at risk the lives its residents. joining me is lou dobbs. we talked earlier this week about the power of unions and the situation in chrysler up to detroit where a fox affiliate reporter caught the guys on tape. there they are boozing and smoking pot on their lunch break then going back and working with heavy machinery building automobiles. and they just got ordered to get their jobs back despite the tape. they are on tape. because the way these union contracts are and the rules. now we hear these guys, these healthcare workers who are accused of just so our viewers know, removing patient i.d. wrist expands, patient identifiers from the room dears

and wheelchairs. the name tags for thal humaner's ward were mixed up. the photo attached to medical records were removed. >> they have five days. healthbridge. five days in which to make their appeal. what is interesting is the judge in this case. he was select about it national labor relations board at the behest of the service employees union. he has hand picked by the nlrb. he is a clinton appointee. and he is hardly a dispassionate and objective player. megyn: it could have gone the other way under bush. they would have picked a republican appointee. >> what we are watching is an absolute shift in power. it's a political and economic force at work here that is not going to be denied in nearly every instance that it presents

itself. when the nlrb can choose the judge, the judge can issue an order as he has here, effectively reinstating workers who were not fired, they walked out on their contract. the nursing home operator put forward its final and best offer as is its right under nlrb laws. national labor laws, and the contract they had with the seiu. and now it's been turned over despite a criminal investigation, despite -- megyn: that's the things, the criminal investigation. what i see in the stories that we covered this week is what a hold unions can have on a company and its ability to terminate them or modify the terms of their employment if the bad behavior is ledged. it's virtually impossible to get rid of a unionized employee. that's maybe a good thing, maybe a bad thing.

about it seems to be a thing. >>it is clearly based on the interest observation of the care they received, it's a horrible thing. and it's simply an exercise of raw political power. >> how can the nursing home -- the nursing homes in the dispute with the workers -- don't believe anything they say -- she says they are bias against us and we are biased against them. the ones making this allegations are biased a against us. but how can it be while a criminal investigation is pending into whether these people did this. change the name tags on the patient's wards, while there is a criminal investigation how can it be the people alleged to have don't can be allowed back into the same wards and hospitals? >> because there has been a power shift that is utterly

contemptuous of the care of those patients. it's about the check and political power of the union and the coalition amongst the national relations board. service employee's union. and other unions through the the country. governor malloy of connecticut joined the unions on the picket lines. that's what healthbridge systems is up against. and as they exercise their rights under the constitution and under labor law, federal and contractual. megyn: we see michigan sort of the birth place of the labor union movement. now it's a right to work state. companies don't like to be unionized. they object to it. more and more states are allowing them to offer choice to the employees. is it because of things like this? once you get that union in

there, you have almost no choice as employer when it comes to trying to get rid of an employee you deem problematic or manipulate wages. viewers can decide whether that's good or bad. >> the americans for prosperity we saw their tent torn down by union members and supporters in lansing, michigan. you see people being beaten by these supporters. this is the excess that led to the reduction in organized labor to only 7 1/2% of the national labor force. if they were not employed in public service unions with this country would all but disappear. part of the reason is this kind of disrespect for those who are under their care in the case of service employees union and connecticut. and people like jimmy hoffa declaring it's civil war because they will not accept limit to

their now egregiously abusive power they are trying to impose. megyn: the seiu has been involved in a lot of these. they went to the home of the bank of america executive while his 9-year-old son was cowering inside. and they had the mega phones. >> they were linked with acorn and that movement. the service employees union is an adjunct of the obama administration and the democratic party. megyn: lou dobbs, thank you. >> great to be with you. megyn: up next. one group of protesters taken to new extremes. imagine rinsing to this all day at your home. all day long. the union says it has every right to do this in protest of something it's unhappy about. are they right? "kelly's court" takes up the

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with unitedhealthcare, i got help that fit my life. so i never missed a beat. that's health in numbers. unitedhealthcare. >> your community is crying for jobs, participation and fair wages. [sound of crying baby] megyn: "kelly's court" is back in session. imagine hearing that all day. sounds of a crying baby being blasted outside an apartment building on purpose. a local electricians union using an ipod and speakers to spreaded sound of crying across the apartment complex. it's a protest over the use of a non-union electric contractual contractor doing work at the building. >> everybody says they have the

right. basketball and that's fine. but don't we have rights, too? megyn: the union boss says no you don't have those rights. >> i'm not apologizing. i'm in a holiday festive mood. on behalf of christmas i'm going to wish everybody a merry christmas and happy new year. >> reporter: no more crying baby? >> not until after the holidays. megyn: what are the residents rights? could they stop this? mercedes colwin and mark eiglarsh. he's full of christmas cheer and he says he's going to stop until after the holidays. then the crying will resume. but here is the interesting question. does he -- is he right? does he have the legal right to play the sound of a crying baby outside this apartment building every day all day for as long as he wants to? >> unfortunately yes he has that

right. this is coming from a guy -- stop playing that noise, please. i always bring ear plugs on a plane. because i'm going to lose the baby lottery. unfortunately our constitutional rights are there so we can have the ability to not only have to deal with it. that's what the supreme court has said and that's what we have to put up with. megyn: a noise ordinance doesn't protect these people? >> there is a noise ordinance. we don't have to hear this screaming baby day in and day out. there is a noise ordinance that says no person shall create or cause a permissive sound emanating from a residential property. those residents can go to court and say -- what a christmas

loving guy this is. you are creating such a hazard for those poor tenants. isn't it disruptive? megyn: i love it when she puts on her glasses. it gives her another level of gravitas. do you get intimidated when she puts on her glasses? >> yes, but her argument isn't any more compelling. the noise ordinance in philadelphia kicks in after 9:00 p.m. he's careful to do this during the day. and if what mercedes says is true, no one could ever turn the stereos on. >> it says 3 decibels. it says in the regulation the volume that they can plate. and then there is another provision. in that first paragraph there is nothing about time. they talk about the decibels. megyn: it doesn't seem like you could just do -- you could go

out playing ac-dc? to what level could you take this? anyone who has an issue? it's not even the residents' fault. they could do anything to these poor residents and they have to take it because it's after 9:00 a.m.? >> there are limits. i imagine they are keeping it under the sound level it needs to be kept under. megyn: the residents would be happy with the volume. did you see that one lady? >> the test cannot be in this instance or any instance whether people are okay with the speech, whether they are happy with it. megyn: why can that not be the test? this is their home. mercedes. when you have a barking dog you can complain about the noise. when you have a loud music playing at a party you can call the police and complain. you are telling me intentional

baby crying doesn't do it? >> they can't stop it. the owners just checked between. it's 3 decibels. it is certainly something that is really problematic. let those poor people go to court. megyn: he believes he's in the legal right as mark says he is. by apparently caught part of the christmas cheer. we'll be right back. helps lowerl as part of a heart healthy diet. that's true. ...but you still have to go to the gym. ♪ the one and only, cheerios you wanna see walmart has similar gifts for less? yeah. let's go. samsung galaxy s3 -- over fifty dollars less than best buy! wow! fifty bucks! yeah!

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megyn: the north carolina doctors accuse a well-known executive child sex abuse. he's filing a suit against moose

lodge, a non-profit organization catering to children. he says the ten state sex scandal prompted him to come forward. >> reporter: the complaint was filed by dr. jason peck who alleges as a 12-year-old boy living in ohio he was sexually assaulted by the director general and ceo of moose international. he says in an eerie echo that he befriended kids, would take them over to the moose lodge to hang out and even took them on some trims. he says during one of those trips he experienced a full-on sexual assault. >> it was the middle of night, the room was pitch black. i was very scared. i recall tears coming down my face and i laid perfectly still and pretty much went into shock mode. and i didn't know if i was going to be hurt or injured if i tried

to fight back sow i didn't. >> reporter: his attorney says he's coming out because he believes there may be more victims. he said he had access to hundreds of children through the mooseheart organization. he was investigated for sexual misconduct but no action was taken. moose has yet to get back to us with a statement. airy left the state before jason peck turned 19 years of age. they believe the clock stopped running on that statute and they still have a case. megyn: lawmakers continue versus ghieght launched the deadly attack on a u.s. consulate in benghazi, libya. [ male announcer ] red lobster's crabfest ends soon.

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