force. only that will tell if political force will be used. jenna: thank you so much, safe travels. jon: what a friday. jenna: thank you for joining us, "america live" starts right now. megyn: fox news alert. eufaula after the nra break the silence. for the first time since the gunman broke into the sandy hook elementary school and gunned down 26 people. armed police police officers are

saying that americans deserve the right to defend themselves. that is the argument. >> a gun in the hand of secret service is not about work. you will be able to pray hard enough for a gun in the hands of a good guy if it's 3:00 a.m., to get there fast enough to protect you. megyn: predictably, is conference was interrupted twice by protesters. they were removed from the room. frank lautenberg is calling his

comments reckless. saying that the nra wants of our communities with guns. james rosen has more. reporter: that afternoon. as fox news reported earlier this week, wayne lapierre and his argument about the placement of armed security, similar to that seen at the white house on capitol hill. >> what it when adam lanza started shooting his way into sandy hook elementary school last friday, what if he had been confronted by qualified on

security? we will look resubmit if it is possible that 26 little kids -- 26 innocent lives might have been spared that day. reporter: lapierre is focused on optimal design, access control, and training for students and educators alike greatly nra has retained a former u.s. attorney in and congressman from arkansas who served as an undersecretary of the department of homeland security. notably, lapierre didn't mention it president obama's new gun-control task force or dianne feinstein trying to review the assault weapons ban a decade ago. what he saw was phase one that

was launched by an organization that boasts 4 million members and an annual budget of $300 million. megyn: thank you, james. the nra argued today that many responsible people with guns to prevent a the tragedy. here's more of what they said. >> the only way to stop the monster from killing our kids is to be personally involved and invested plan of absolute protection. the only thing that stops the bad guy with a gun is a good guy with a gun. would you rather have a 911 call, bring it gone from a mile away or from the minute away? megyn: critics are saying that this is more than good guys and

bad guys. next hour, we will be joined by the author of the book "more guns, less crime" and a member of the group less guns. freedom may come any time for this marine locked up in a mexican prison. he has served in afghanistan and iraq. he has been behind bars since august. he tried to drive across the border with an antique family shotgun. now come his mother tells fox news that her son is said to be released today. steve harrigan is live with more. reporter: the pool for jon

hammar and his family and friends is to try to come home by christmas. now, it appears that they may achieve their goal. we heard from his mother and father. his attorney and also his congresswoman. they all expect him to be free sometime this afternoon. >> i just say amen and hallelujah. this is a wonderful early christmas present not just for that the hammar family, but for our community. reporter: we are expecting to get word as soon as he crosses the border onto the u.s. side. his father has left florida this morning to meet him on the u.s. side of the border. the family has always said that jon hammar was arrested, taken to a notorious mexican prison, where 40 time for a time he was actually chained to a bed and his family received calls for extortion, threatening to kill him unless he paid out. the family has mounted a very public campaign for his release.

two congressmen were prepared to call for a u.s. boycott. his father, john senior says the drive home to florida with his son once he gets out of prison, he is not sure that his son is up to another flight. megyn: my next guest has spent a lot of time trying to bring attention to jon hammar's case. bill o'reilly. bill, it's a great day. >> yes, there's a lot of questions though. why didn't the american press coverage other than fox news? anybody watching right now, do you hear anyone say anything bad about fox news? what about corporal jon hammar. just letting it hang in the air. it was amazing to me that we

covered it in the morning and also at night, but when you look for other coverage, it wasn't there. megyn: it did get bashed, you know, the wheels started to move. he did cover a little bit on anderson cooper, i believe. how did this happen? the explanation is a little unclear. the father said the court rules on emotion and excluded evidence on the charge. my understanding is there will be a court hearing until january for diplomacy, pressure, what? >> will want to foul it up until he gets out of there, so not worth anything bad about the mexican government right now. because we don't know where the corporal is. we assume that everything is going smoothly behind the

scenes. but his parents told me on my program that the state department told them they can do anything. that was very disturbing. hillary clinton -- we don't even know where she is. she never made a public statement about this or went down there. and obama didn't say anything either. jay carney didn't even know about it. very disturbing. a lot of stuff swirling around. megyn: how do you think we emerge now? you and i have been talking about it on your show. i know that you joined in a couple of calls that we should boycott mexico if they don't really the sky by christmas. you felt very strongly about that. they could just turn him back to the border. >> it was an extortion play. i've been to mexico many times. but not recently. i don't like what's going on

down there. but if you are an american in mexico, you better watch yourself. but i don't want to say too much now until he gets out of there. but there's no reason for the mexican authorities to do it again. they have prison overcrowding down there, it's insane that they are incarcerating someone for that. we all knew in the mexican government knew. megyn: guesstimate originally they had him in a part of the prison that was the worst of the worst of the drug cartels, and that picture we have on screen now the screen now but him being chained to a bed. this is the solitary confinement, this is the cartel that was inside the prison.

megyn: there is a growing belief in washington and wall street that nearly every single american is a step closer to seeing their taxes go up in the new year. chris stirewalt joins us on what you can expect coming up next in the effort to head off that big tax hike. let's look at the picture that we have of chris. he is about 30 pounds heavier than the normal here. chris stirewalt, i'm sorry. okay, we will show you the live version. [laughter] plus, troubling research today on the number of surgical errors in america. doctor siegel is next on what doctors and hospitals and patients can take away from this. as the nation pauses to remember the victims and newtown, a very powerful focus group and

suggestions on how parents can help their children cope with the tragedy. >> we had the nra called for an armed police officer. i don't want to make it a gun to be because we partied on. would that make you feel better? without bringing comfort? in fact, in a recent survey, 95% of people who tried it agreed that it relieved their headache fast. visit fastreliefchallenge.com today for a special trial offer.

megyn: a developing story now affecting millions of americans. it is officially the first day of winter. it has started with a vengeance in iowa.

it was an unfolding across the heartland. we have heavy snow and strong winds creating whiteout conditions. dozens of cars and trucks and appendages. one pilot involving 25 vehicles late yesterday. reports of two people killed and seven injured. this is the scene in wisconsin. the state is still digging out from as many as 20 inches. the massive storm causing travel nightmares in several states. major airports the wing planes and canceling flights. although there are some extended problems. thousands of flights were canceled since yesterday. the timing, of course, could not be worse. one of the busiest travel days of the year. they plan to renew their normal schedule today. they are coping the best that they can two they told us they

cannot bite out of here till monday. which is today's after our cruise leaves. >> we will be providing amenity kits for passengers. >> i'm trying to get to my family eventually. but i connected through chicago and not cancel there. they rebooked beyond dallas mountain got delayed. megyn: a live report in the next hour from o'hare airport. welcoming a new study raising serious concerns for any american going under the knife. despite major efforts to improve surgical safety in this country, mistakes that should never happen keep happening. at an alarming rate. these so-called events that never happened with leaving a pair of scissors inside a patient's body after they've been stitched up were operating on the wrong leg. doctor marc siegel is a

professor at nyu and a fox news contributor. if you've ever had surgery, they go in red this leg -- not that late -- this leg. there is a reason that they do that. but despite those protocols, these mistakes are happening out in warming rate according to johns hopkins. >> the author we know from fox news has said it is probably four times what he said. 53 million surgeries happen here. if you go for surgery, chances are he won't encounter this problem. but that doesn't wait away. it shouldn't be happening at all. these are entirely preventable errors. it is like one pilot is landing a plane. he had a staff checking. we need that check with your statement that we have that? >> studies have shown that the more that we do that before surgery unless this happens. but i am concerned with

31 million patients coming in, it will be more russian paperwork. i think this will happen more. by the way, in your line of work, $1.3 billion payout in malpractice claims in 20 years because of these kind of mistakes. >> this is the kind of lawsuit a plaintiff lawyer dreams about. i mean come you can get anywhere they want to believe a pair of scissors inside you. they're going to cut a check. >> 25%. megyn: like they take out your out your kidney? initiative in your liver? [applause] >> 25% of the time it's the wrong body part. you know, i have actually had an experience with that in my own practice. a patient had the wrong side of his colon taken out. then he had to have the other side taken out with a short colon. that patient can sue. another thing the study showed

is that 12% of the time is all that we actually see malpractice. megyn: why is that? >> because they are not always reported. in if this fund is left inside, no one's going to announce that to the patient. megyn: so you're telling me that people could be walking around with a sponge or scissors inside and don't know a? >> yes, if it is perceived by a foreign body in your body, then it becomes clear. megyn: i knew i didn't gain that extra pound. last night at the leftover sponge. [laughter] >> if you have a problem with the wrong body part being operated on, i think you've figured out the. megyn: if you have a tonsillectomy, then suddenly wake up and say, where's my kidney? is that what happens?

how does it have happen? is of the wrong order? >> the market patient. they wear an armband. they checked the procedure and all the notes have to be right there in the operation. the mri scan should be available in the offering. you should make sure that everything is in order. not only the surgeon should be checking this. megyn: so they look at the leg and say why would i take that off? doesn't someone double check it? >> the vast majority never have this problem. every surgeon out there watching this thing that i've never had this problem. megyn: are these sketchy doctor's? >> 's tetchy doctors and hospitals and people that are overworked. it is human error. if it happens one time in your career, sometimes it can ruin your career. megyn: they do say that doctors like you, for example, that are friendly and likable and warm, will be forgiven for mistakes. where is doctors who have no

bedside manner are the most likely to get sued cemented this is and why i'm friendly. megyn: yes, we know. [laughter] >> but you want to be friendly. i don't think the hospital should be punished automatically. one of the things that medicare and medicaid services might do is penalize the hospital every time that happens. but i would like to point out that hospitals are in trouble already. megyn: you can be your own best advocate. right on your own leg that this is the correct way. my left leg is fine. you know? fail safety if you do it yourself. >> you are not really talking down to doctor. you are saying that you do remember? [laughter] and you have the best doctor. you will never have that problem. megyn: yes, i have you and

doctor tran-six, whom i love. follow me on twitter. let me know if you've ever had a medical problem like this. one week after one of the worst mass shooting in american history, new questions about whether the gunman's mother, nancy lanza, who was the first one killed that day, is somehow to blame here. what people are talking about her. we will take a look at it coming up next. stay with us. [ loud party sounds ] 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. nine grams protein. zero fat. in blueberry/pomegranate and peach.

they don't help single moms. hi! hi! [ sarah ] what happened to our house last year? [ daughters ] it flooded and the water flooded out. yeah. [ sarah ] the red cross arranged the hotel for us. they gave me that break, that leverage, to be able to get it together and take care of them. you know? i feel like we've come full circle. [ daughter 1 ] like that! [ daughter 2 ] this is how i'll do it. [ sarah ] there you go.

megyn: a three-time olympian apologizing to her fans after her secret life was suddenly exposed just last week for hours. suzy favor hamilton now admitting that she works for a las vegas escort service. the 44-year-old charging clients $600 an hour for her professional time. she competed as a distance runner in the 1992, 1996, and 2000 olympics. she is the most decorated female athlete in ncaa track and field history. she now says that she has struggled with depression after her athletic career and regrets the mistakes he has made. >> we have bloodsoaked films out there like american psycho, natural born killers, that are

aired like propaganda loops and every single day. 1000 music videos -- and you'll notice -- to treat life as a joke. they play murder as a way of life. then they all have the nerve to call it entertainment. megyn: back to the gun control debate. the nra's first statement since the shootings a week ago. critics are focusing their anger only on the role of guns in this tragedy on giving no attention to the way that hollywood glorifies guns and violence on the big screen. we arrived with more in l.a. >> consider the parallels. the gun industry cites the second amendment. hollywood cites the first amendment right to produce what it wants. you hear little about regulating

violent crimes. reporter: from video games to movies, studies say violence on the screen leads to violent behavior. yet directors like quentin tarantino say so what. that is something that he and others peddling violence refuse to accept. >> we are spending tens of thousands of dollars lobbying in washington around the country to make sure they maintain the status quo. >> here in congress, what we need now are no more words. what we need is action. reporter: nancy pelosi is talking about guns and not those who glamorize them on the screen. yet, who has more influence on capitol hill? since 1998, the nra contributed $60 million to political candidates.

compared to 40 million from the top five studios. heavyweight fundraisers like leonardo dicaprio and george clooney. >> they think that debt from hollywood would prevent them from taking regulatory authority. reporter: any movie with a murder scene gets raided. >> when it is in self-defense, that should be a r-rated movie. reporter: and the aurora, colorado, shooting, the gunman was mimicking the joker from the dark knight rises. even with movie violence known as spotlight, critics say don't expect a hollywood ending.

>> there is a fear of confronting and taking on a controversial subject, which is so profoundly important to get done and get them right. but it baffles me. >> young male audiences and companies are lobbying to protect that. all kidman once said she can't be responsible for all of hollywood over my own fear. so maybe it is of some of these hollywood heavyweights to change it in hollywood. megyn: it's up to parents and individuals as well. just because they make movies doesn't mean they need to go see them and the parents what happened and so forth. well, all eyes on the roosevelt room at the white house. the president is set to nominate the newest member of his cabinet. in three minutes, we will bring you that as it happens. don't miss it. a new fallout in the aftermath of the newtown, connecticut massacre. more seem to be asking that the mother of the shooter.

many folks blame her. folks are wanting to know why nancy lanza to do more to keep him away from guns or get him more involved in mental health system. we will talk more about that. in less than two weeks, every single america is going to see their taxes go up. unless the president and congress act. what's the next move? chris stirewalt was here and he has more next we met we may never have not been able to get the votes last night to avert 99.81% of the tax increases. and the one taking that out on me. they were under the perception that someone might accuse him of raising taxes. >> merry christmas, everyone. thankas you. h, sure you can. great. where's your gift? uh...

whew. [ male announcer ] break from the holiday stress. ship fedex express by december 22nd for christmas delivery. five days later, i had a massive heart attack. bayer aspirin was the first thing the emts gave me. now, i'm on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. [ woman ] learn from my story.

megyn: fox news alert. we are awaiting president obama's official announcement on the next decade. stay. the person who will succeed hillary clinton. the word is that person will be senator john kerry. editor john kerry is currently chairman of the senate foreign relations committee and a former democratic presidential candidate. if he is confirmed by the senate, he will succeed hillary clinton, as i mentioned. it may end the search to fill mrs. clinton's post after susan rice withdrew her name from consideration earlier this month in the wake of the controversy about what happened and benghazi, libya. we will bring you live to the white house as the news is made. that way you won't miss it. we will see that's really going to be john kerry and the president has to say. in the meantime, we have word that the democrats are calling on republicans to come back to the negotiating table. for more fiscal cliff talks. how speaker john boehner today said the problem is now in the democrats were.

>> as you know, the house did not take up the tax bill last night because we didn't have the votes to pass it. it's not the outcome that i wanted. that was the will of the house. was the president and congress take action, tax rates will go up on every american taxpayer. devastating defense cuts go into effect attendance. megyn: joining me now is chris stirewalt. post a power play. i watch something interesting last night on hannity last night. he was very happy that speaker boehner is plan failed. then, bill bennett came on, a well-known conservative and said i'm not happy. i don't know how this is going to play out with the american people. while two conservatives may think this is a good thing, this

may not play well, it and it may not help republicans at the ballot box in 2014. what is the conventional wisdom emerging in washington right now from republicans or? >> the conventional wisdom emerging from republicans is oh, boy. they now realize and understand the magnitude of the situation. the bleep was somehow at the end, a magic solution will present itself. it would get everybody out of this tuition. it would be like what we saw, the same device that created the fiscal cliff. sequestration and we did back in august 2011. this was the whole idea that and then something happens. last night was the first illustration for everybody finally checked and said, wait a minute, we could actually go over this thing. this is where people who think that it's good, and there are people on both sides. they pick the right thing to do

is to jump the fiscal cliff. megyn: they don't want to vote for raising taxes, they'd rather see them go up automatically? >> there is some cynicism as well. there is the people that say i would rather see everybody have their taxes go up to never vote cannot keep to not keep their taxes the same. it gets a little series. but there is cynicism on both sides. but then they say hey, the republicans can be blamed, and in this case, everybody's taxes went up and we can blame the republicans. what the republicans believe republicans believe is that if these go into effect from the recession will be so sharp and painful for those republicans who want to jump the fiscal cliff, that the recession will come on and the president will have no choice and will basically have to come crawling

back they took some of texas. it doesn't sound like the most plausible scenario to me. the ideology and cynicism is at play on both sides. megyn: what will really happen is that everyone's tax rates will go up and the democrats will some house republicans are built, same with lower taxes on middle-class or they will stand and see what happens and it does appear to be senator john kerry standing next to the president. here we go. >> al qaeda was entrenched in their safe havens. america is sitting in a world that suffered. over the past four years, we have begun a new era. new era of american leadership. the end of the war in iraq. we are winding down the war in afghanistan. we strengthen our alliances, including in asia, supporting new coalitions and stood up for human dignity from north africa to the middle east. we still, of course, is great

challenges. but i can say with pride the united states is safer and stronger and more respected in the world. in this work, i have been grateful for an extraordinary national security. tom bowman has been a part of that, and i'm grateful to him. of course, one of the most important people in this whole transformation has been the secretary of state, my friend hillary clinton. she wanted very much to be here today. but she continues to recuperate. i had a chance to talk to her earlier today. she is in good spirits. she could not be more excited about the announcement that i'm making. over the last four years, she has been everywhere. both in terms of her travels, which he represents america more than any previous secretary of state, and her tireless work to restore global restore global leadership. she is looking forward to getting back to work.

i am looking forward to paying tribute to her extraordinary service in the days to come. today, i am looking had my second term. i'm very proud to announce my choice for america's next secretary of state, john kerry. in a sense, his entire life has prepared him for this role. as the son of a foreign service officer, he has a deep respect for the men and women of the state department. will they play in advancing our interests and values. risks that they undertake and the sacrifices that they make along with their families. having served with valor in vietnam, he understands that we have a responsibility to use american power wisely. especially our military power. he also must have personal experience that when we send our troops in harms way, we must give them a sound strategy and clear mission and the resources they need to get the job done. and a distinguished senate

career, and is chairman of the foreign relations committee, he has played a central role in every major foreign-policy debate for nearly 30 years. as we turn the page on a decade of war, he understands that we have to harness all elements of american power and ensure that we are working together. diplomatic and development. economic and political. military and intelligence, as well as the power of our values, which inspires many people around the world. as he has said, we are an exceptional nation. not because we say we are, because we do exceptional things. i would say that women were exceptional things we have seen in recent decades is one he helped lead the way along with folks like john mccain and others to restore our diplomatic ties with vietnam. when he returned to the country where he and so many others have fought so long ago, powerful message of progress and healing. over these many air, he has

earned earned the respect and confidence of leaders around the world. he will not need a lot of on-the-job training. he has the respect and trust of the senate colleagues, democrats and republicans. he grasps our foreign policies firmly, and no one does is that is great as he does. a personal level, john has been a great friend. i have appreciated his partnership in helping to advance so many of my foreign-policy priorities, including the ratification of the new s.t.a.r.t. treaty. i have called on his diplomatic skills on several occasions. the situation in sudan and the situation in afghanistan. each time he has been exemplary. of course, i also have to say thank you. because john invited the young

illinois state senator to address the democratic national convention in boston. i was proud to serve with him on the foreign relations committee under the tutelage of joe biden. that is where we all became friends. of course, nothing brings two people closer together than weeks of debate preparation. [laughter] john, i'm looking forward to working with you instead of debating you. finally, i want to talk about the shining values that america represents to the world. she's a former interpreter at the united nations. she appreciates your interest can be advanced in a partnership of others. let's raise a thank you for being john's partner in the next term. i speak for john and jill and myself. we just left generally a mass

funeral -- daniel gait's funeral. i think it's it is fair to say that they are going to be having some great challenges ahead. it's an uncertain world that will continue to test our nation. i have never been more guided with purpose and we will be together, bound together as americans. the united states will continue to believe in this world for a lifetime. john, i am happy that you have agreed to take on this assignment. i guess you won't be able to actually appear and preside at the same time. so we will have to figure out

how that works. i know that you will be an outstanding secretary of state. thank you so much, and congratulations. [applause] megyn: there you have it. the president announcing that he will nominate john kerry, the senator from massachusetts to become the next secretary of state. saying that he hopes he experiences and easy confirmation. he's expected to do just that. he is widely accepted in democratic circles and he also has enough support on the republican side. this firewall has been standing by. the president called him a great friend. referencing that it was under kerry who invited a relatively unknown state senator barack obama to give the keynote address at the 2004 democratic

convention. that's what put them on a map. it's interesting to hear him talk about how the clinton would've loved to have been there. but she's still recovering from her confession, which is a subject of so much debate in the news this week. >> yes. more about the woman who was not there the man who was there in many ways. the symbolism of this, for hillary clinton, who is still recuperating, as the president said -- then gauzy -- she won't be able to leave off. everyone knows it would be impossible for her to leave office without answering questions about the scathing then gauzy reports. brutal indictment of her agency and the way it dealt with security ahead of its attacks. john kerry knows that going into his confirmation hearings, he's going to talk about those things as well. megyn: benghazi is one thing.

i want to talk about ben affleck. before you go. now they say that a seat is open in the state of massachusetts. and is it possible that ben affleck -- scott brown just lost his knee. anything to come out as a result of this? >> that's right, he has to like his chances, scott brown does. they won't have a regular election turnout, ben affleck can do whatever he wants to do. maybe people have seen the town in the and sends that the accents are cool. i don't know. but scott brown party has a campaign organization. he can spend right back up again. megyn: he's been in a bunch of movies and is quite dreamy. [laughter] not as dreamy as this man. >> oh, goodness.

oh, dude, that is not cool, megyn. and it's almost christmas. megyn: it wasn't me. and it's almost christmas. that is an old picture. megyn: merry christmas. >> merry christmas to you as well. megyn: see later, chris. oh, boy. all right, coming up in just a minute, we want to get to a different story. an important angle to the stanley cup school shootings. have you had this conversation this week? about adam lanza's mother nancy? what, if any, role that she had in the school shooting in newtown last week. she is mentioned rarely as one of the victims of the newtown, connecticut tragedy. why is that?m ensure c three minutes away 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. nine grams protein. zero fat.

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megyn: one week after a gunman opened fire on 26% children and teachers, more americans are starting to question the gunman's mother's actions. growing anger directed at nancy lanza. eventually, where's the anger towards the mother come from? >> instead of taking him to a shooting range and teaching them how to use a gun, why did she take entity a psychologist. megyn: we haven't learned through that may have been if he did get help. >> we'd also don't know if she was getting care. she was a the primary caregiver of a boy who is suffering from severe mental illness.

it looks like he and she were taking these vacations -- she was perhaps using time at the shooting range as a stress reliever. we don't know if she was seeking counseling. many times, the parents need services. megyn: reports that it was becoming more difficult to deal with them. and although she was described as a devoted parent, she would need to take trips, just as a stress reliever. the thing people are focusing on are the weapons. she owned the owned the guns legally. shed light on the ground. but do you have a responsibility as the mother, who is the sole caregiver in this case. he lived with her, and she knew -- but it was a disorder or mental illness, anything like that -- to keep those weapons completely out of his hands.

lock up and when he couldn't access. >> yes, many believe she did have a responsibility. and she failed in that aspect. the issue is whether she kept them locked up or not. this was a highly talented child. he obviously had a very high iq. there are some reports saying that he graduated from high school early. he went off and took college courses. he had a 3.0 gpa. he for a child -- a young adult nowadays, to find out a combination to a lot. she was irresponsible and giving him access to. megyn: taking him to the shooting range and some reports of the age of nine years old. the most recent visit had been six months before the massacre. but there is a question about his behavior deteriorated. about whether she should've continued his gun training. >> exactly. i don't think any type of mental health professional with telling her that this is what you should

be doing. again, we have no confirmation. but i don't think she was seeking the services of a mental health professional. neither was this individual. megyn: everyone agrees that adam lanza -- it's his fault. it was the sort of introverted life they lead. he spoke for him when they win out. she didn't talk about him with other friends as an outlet. sounds like she was just trying to handle this on her own. >> that is the mistake. sadly, many parents who have children who are in the autistic spectrum or suffer from mental health issues, they want to keep it private. they want to keep the monster locked in the basement. they don't want people to know. many parents view their children

as being a representation of them. this is a part of me. a reflection of me, they think. there is this denial. so i think this is a situation where you have a parent who wasn't enough. one who thought that i'm going to keep this a secret and i will handle it on my own. clearly, no parent, no matter how loving and devoted ur, has the capacity to deal with a child that has these types of needs. megyn: part of it is the stigma we place on mental onerous. he was clearly not getting the treatment that he needed. thank you for being here. merry christmas. just days before christmas, mother nature delivers a nasty winter storm. winter storm. we are live in the middle of the mess coming up next ating? yeah. one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. approved! [ female announcer ] live the regular life. phillips'. you can stay in and share something...

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megyn: fox news extreme weather alert for you now. millions of americans at the mercy of mother nature as powerful storm system disrupts holiday travel plans for many americans. brand new hour here of "america live". welcome, everyone.

i'm megyn kelly. closed roads power outages, hundreds of canceled and delays of flights. this is video of wisconsin where folks are digging out of piles of snow. several other states across the nation are under winter weather advisories including ohio, pennsylvania, and new york. aaa predicts 93 million americans will hit the road and the skies this weekend for the christmas holiday. mike tobin live at one of america's busiest airports, chicago's o'hare international. mike? >> reporter: i start you off with the good news. the ripple effect o'hare has that can delay flights out of new york, l.a., it is not happening. on time, on time, all the way down. you can thank the guy who built lake michigan and built it close to the city. all the warm water, had warm air, turned snow into rain. over chicago we're looking at blue skies. chicago is like an island of good weather in a sea of bad weather. to the north, wisconsin,

dane county, madison, snow was dumped there, 20 to 12 inches there. tens of thousands people without power. also iowa looking at snow like they haven't seen since 2009. roads are closed. there are traffic fatalities there. central illinois covered with snow. 10 of thousand of people without power. northern indian, tens of thousands people without power. most of pouter outages due to wind gusts topping at 50 miles per hour. how that affects everybody else around the country, blue skies over oy hair airport. a few flight cancellations. in terms of weather chicago is looking setting a record, 301 days without enough snow to measure it, megyn. megyn: wow, that is something in chicago. mike, thank you. we've been tracking this winter storm for three days now. so far six people have died in five states. as of this morning hundreds of thousands of homes and businesses in wisconsin, iowa, nebraska, michigan and

illinois remain without power. many schools, also canceling classes for a second day. we'll check in with chief meet rollist rick reichmuth live from the fox weather center. rick? >> today is day everybody is digging out trying to get things back to normal. this is why. big snowfall. 20ens inches the max around wisconsin. madison was the bull's-eye for the snow. the storm is off to the east. plenty of sunshine where you saw the snow. we still have rain across new england. what we'll do all weekend long, winds pull across the great lakes and much colder air mass, lake-effect snow we'll see all around parts of these eastern great lakes all weekend long. because of that we do have winter weather advisories a few winter storm warnings across the appalachians south of lake erie and michigan where we see some of that lake-effect snow maybe up to a foot. we'll switch attention to the west, megyn a number of storms lined up across

northern california and southern oregon. places like san francisco and medford, oregon. some areas, another seven or eight inches of rain over next four to five days. that means flooding concerns. this is much colder storm than we saw a couple weeks ago. so big-time snowfall accumulations up to six feet of snow across some of the higher elevations. the good news is, travelwise, the next couple of days are looking good. the next big storm that we're potentially looking at is christmas across parts of the plains. megyn: rick, thank you. merry christmas to you. >> same to you. megyn: so we heard mike tobin say o'hare was okay but the states around there have been dealing with changing conditions. we've seen lots and lots of flight cancellations past couple days. we'll check in with courtney scott, senior editor of travelocity. courtney, thanks for being here with us. what is the situation now? we heard more than a thousand flights canceled over the past couple days. >> that's right. there have been significance selllations and delays throughout the entire midwest but as we have seen

the storm is pushing off. and so the weekend and into next week. we're hoping that we'll continue to see what we saw in chicago today which was clear skies and smooth sailing. the reality is we never quite snow when the next storm is going to hit and you have to be prepared. so --. megyn: how are people supposed to, people who got their flights canceled. they were the planners, right? ones who would fly on the thursday or friday before thanksgiving as opposed to waiting to the weekend before which i guess would be a more difficult time to travel but now they have just been pushed into that air traffic. how do they handle that? what should they be expectedding a the airports this weekend? >> well the first thing you should do, if you already at the airport and dealing with cancellation go up to the counter and extract as much information you can from the airport. then at the same time you should be logging on to your carrier's website. every carrier post as flexible travel policy during bad weather situation. it will explain to you

whether your flight can be rebooked, a change fee, which could range anywhere from $50 to $200. megyn: a change fee? why would you pay a change fee when the airline cancels you because of weather? >> that's it exactly. they impose flexible weather policies. megyn: but is the inventory out there? you know when you're trying to get a flight back to mom or grandmom's in christmas you have to book the flight way in advance. it is such a busy travel weekend the flights fill up. now people who have been booted off their flights, are they likely to get onto another one? >> you know, being as proactive as possible and not, you know, waiting around for announcements to be made will get you that seat on that flight, you're right. inventory is extremely low. so you should be online, on the mobile app, on the smartphone making alternative plans. whether that means being rerouted to a different airport, you know things like that. i do not recommend calling and sitting on 45-minute long wait times on carrier's 5800 number. that is not the most kpuct

tiff way. megyn: it never pans out. mean sometime those considering driving instead face whiteout conditions in parts of the country leaving roads very dangerous although that is looking like it is clearing up in places. courtney, thanks for being here. >> sure. thanks for having me. megyn: well, hopefully you're safe and sound wherever you are and wherever you intend to be for the christmas holiday but we're taking your tweets what your plans on. follow me at megyn kelly. as the nation pauses to remember the victims in newtown one week later our focus group today has some suggestions how parents and their children can cope. with re write to real moms and dads how they have been coping since this. this tragedy suggests children's worst nightmares could become a reality. >> this week we did a story on how sales of bullet-proof backpacks are through the roof. >> yeah. >> i'm thinking to myself, talk to viewers about this, how do you explain to your child, honey, this is for

your books and also to save your life. if a shooter comes into your elementary school and starts trying to murder you. also, ahead, a major break for the investigators handling a mysterious explosion that destroyed some 90 homes. see why this is now being considered a crime. if you're hosting a holiday party over the next few days, "kelly's court" has some tips for you! we'll debate who really pays the price if your guests get a little too much christmas cheer in their bellies and how to keep them, keep yourself off the naughty list with the police without holding back on the eggnog. stay tuned. ♪ . [ male announcer ] research suggests cell health plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell health.

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megyn: well, we could be in for a long flu season. just two hours ago the centers for disease control had a news conference announcing the number of states with widespread flu-like illnesses doubled in the past week. doctors say it is a sign that the flu season is off to a early start. doctors say this year's vaccines are well-matched for the strains of flu going around. new arguments on both side today in the second amendment fight that has been raging ever since 26 innocent victims including 20 young children were murdered outside of a, inside of a connecticut

elementary school last week. president obama today standing by his call for stricter gun control laws. >> the fact is most gun owners in america are responsible. they buy their guns legally and they use them safely. it is encouraging many gun owners stepped up this week to say there are steps we can take to prevent more tragedies like the one in newtown, steps that both protect our rights and protect our kids. megyn: then the nra spoke out today for the first time since the tragedy in newtown, trying to focus on the bigger picture. >> no one, nobody, has addressed the most important, pressing and immediate question we face. how do we protect our children right now? starting today. in a way that we know works. megyn: john lott, is the author of, more dpuns, less crime. and lori haas is member of the coalition to stop gun

violence and beginnians for responsible gun laws. thank you both so much for being here. >> thank you. >> thank you for having me. megyn: my only goal with this segment is to have an honest debate about what's really likely to happen if we tighten the gun control laws. and whether we need to focus on more than that. john, i know you believe that when we tighten the gun control laws it is law-abiding citizens who get pinched, not the would-be bad guys. explain. >> right. well i mean we all want to take guns away from criminals. the problem is exactly as you say. let me give you a simple example. one thing that's been true for, virtually all these multiple victim public shootings, in fact there is only one exception, they all occurred in places where guns are banned. you ban guns from particular area, movie theater that people are not allowed to take guns in there. law-abiding citizens obey the rules. they don't take it in. unfortunately the criminal,

actually has incentive then to go and attack in that target because people are going to be less able to go and defend themselves. simplest way to think about it, let's say, god forbid, criminal was stalking you or your family. would you feel safer putting a sign on your home that said, this home is a gun-free zone? i don't think it would stop a criminal from going in. i don't know any gun control proponent that would put up a sign like that. in fact it would encourage them to do it because the criminal knows it would be easier to attack them there. even though we never put a sign up like that on our own home we put up those signs all over the place. if these attacks were random, we should have 80 or 90, 98 or 99% of the multiple victim public shootings should be in places where guns are allowed. instead they're virtually occurring where guns are banned. megyn: i want to get lori to weigh in, your thoughts. >> this is what i know. when my daughter emmy little

was shot twice in the back of the head in virginia tech, the shooter used a high capacity magazine clip on his firearm. and during the ban, state police, i get my facts from the state police, the sale of high capacity rounds went down, and the use in crimes, state police, tell me, was down. after the ban was to be expired, the incidents of those high capacity round in crimes increased. they found them. i know cho had access to high-capacity magazine rounds because of expiration of the ban. that is what resulted in the carnage at virginia tech. 32 people were killed. and 17 were injured including my daughter emily. shot twice in the back of the head, you know by someone who had easy access, military-style people killers. it is unacceptable in america we allow this to happen to our children and that we see the answer to gun violence as more guns. that was not the answer. we need to remove the

threat. we need to remove the threat. megyn: i want to come back to that, john because high-capacity magazines, i understand you do not believe guns, let's get it straight. the shooters are the ones who decided to pull the triggers. the shooters are the ones responsible decided to use guns. so many people have said, take what happened last week at the elementary school in sandy hook. if he hadn't had the magazines, if he hadn't had had, maybe he would have been slowed down. because, it appears he wanted to kill more. the only reason he didn't kill more because the police showed up. maybe if he didn't have the magazines he had he wouldn't have killed quite as many. how do you argue against that? >> right. well, i mean guns make it easier for bad things to happen. look the big thing -- >> that is exactly right. megyn: let him finish. let him finish. i will come back to you. >> thank you. i'm sorry. >> but they also have benefits in terms of protecting people who are being threatened by crime. you know, we have three

different types of guns out there. you have machine guns, automatic, one pull the trigger, lots of bullets come out. megyn: those are banned. >> semiautomatics. they're, dreamly heavily regulated. megyn: law enforcement can have them. >> semiautomatics, one pull of the trigger one bullet comes out. you have essentially manual load like a bolt-action rifle where you have to pull back the bolt, manually put the bullet in and close the bolt again. so, you know, a lot of this discussion about military-style weapons, whatever, it's really kind of a misnomer. there is no difference between, let's say a hunting rifle in terms of --. megyn: i get that i get that. can you speak to her point about the high-capacity magazines. why is that, a lot of people say, why does hunter need that? why does law-abiding citizen need more than 10 rounds in the magazine? >> right. here's the deal. once a gun can accept a magazine, it can accept a magazine of any length. we tried banning magazines

here of a certain size with the assault weapons ban. i don't know of anybody, of any academic who found in published studies by criminal gift or economist found it had any benefit. there are many reasons. the one, magazine is simplest part gun to make. it is just a metal box with a spring in it. so if you were to go and completely ban them, i don't think you would be anymore successful in banning those than you were banning guns in d.c. or chicago when we had bans there. megyn: some people say, if you look, if you look at somebody like adam lanza, who is, you know, there are always so, always such cowards. he is in there in his military gear against little 6-year-olds. he, no one was going to come after him. they were little babies. so he could have had all the time he needed to kill is what the arguement his. >> his actions are unacceptable in american society. let's do wha we can.

make attempts an efforts to make it more difficult for people who are severely mentally ill and suffer from violent tendencies to get their hands on these high powered super killers. megyn: want your thoughts, lori of the his mother didn't suffer from those. she had the guns really. if we revamp the guns from '94 to '04. she still would have gotten the guns and would have had access. >> they would have been banned at time. megyn: that is not true. >> not letist expire. megyn: that is not true. the semiautomatictic rifles she had would not be covered by assault weapons ban. only certain forms of the ar 15 were banned. >> let's not argue how big, how small, let's fix it. keep these military-style people killers out of the hands of everyday citizens. i think that americans are clear. americans want these people killers off the streets. we want them unavailable to everyday citizens. law enforcement are well-and have spoken out on this.

they are for the assault weapons ban. and everyday americans, we do not wand to live in military-style, armed society. i don't want to live in the a country that has a, you know, a military weapon on every street corner by every yahoo! walking down the street. megyn: john, i will give you a chance to respond. i want to ask you, some say the ban in place from '94 to '04 was largely feckless. it was ineffective because it was feckless and that if we're going to have gun control again, we need to put some teeth into it. they want to make something more forceful than what we had in place. >> well the advocates who put it in place claimed it was having effect. you can look at statements by dianne feinstein or chuck schumer when it was about to sunset in 2004. both of them as well as many others predicted huge increases in murders and robbery rates that would occur if is sunset in 2004. well it sunset in 2004 and

murrays down 20% and robberies are down almost the exact same amount. >> the decree by state police in the number of magazine round up found at crimes has been cut in half, during the ban. it's not true. you can find all the facts you want. but let's not argue these facts. the facts are 26 children. >> i don't think you know what you're talking about on the guns. when you use, term military weapons. these are not military weapons. there is no military world -- >> let the experts figure this out. >> excuse me man. megyn: we're going to have to leave it there we're running out of time. i do want to say, lori, i understand your daughter survived having been shot twice in the head. for that we're very grateful for your family. >> thank you very much. we're grateful she is alive and i am sad there are others who are not and we need to do a better job to keep americans and our children safe. megyn: yeah. i think that is something we all can agree on, right?

just a question what the right solution is. i appreciate the respectful debate? thank you for having me. >> i understand her fear but --. megyn: sorry, john, we're out of time. john has a lost postings on line if you. a lot of passions running high on both side of this issue. coming up folks preparing for the holiday party season we'll get you a can't miss "kelly's court" how you can protect your family should you choose to host folks who may be imbibing. stay with us. [ loud party sounds ] 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. nine grams protein. zero fat. in blueberry/pomegranate and peach. ♪ boo! i am the ghost of meals past. when you don't use new pam, this is what you get. residue. [ female announcer ] bargain brand cooking spray leaves annoying residue.

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megyn: a bitter showdown over the fiscal crisis. house speaker john boehner blaming washington's growing partisan divide for the failed pitch to vote on his so-called plan b. that was his attempt to avert the big spending cuts,

in particular in the defense department and the tax hikes that every american is facing at the end of this year unless washington acts. speaker boehner says the divide is preventing both side from finding any real solution he is determined to work it out. so, does anyone have a plan c? plan c anyone? fox business network's peter barnes joins us now live from washington. peter? >> reporter: megyn, no sign of any plan c. no sign of any negotiations and signs that some folks up here are starting to look for their parachutes a the fiscal cliff comes more into view. after pulling his plan b last night, speaker boehner this morning put the ball into the president's court and. >> the senate democrats court. he said they could start to try to avoid this by passing the house extension of all the bush tax cuts for everyone passed back in august but he says that republicans still want a deal that would involve tax reform and significant

spending cuts but he also didn't sound confident on how to get there. >> many of us believe on both sides of the aisle the fundamental reform of our tax code will help us get our economy moving faster and put more americans back to work, and more americans on the tax rolls. how we get there, god only knows. >> americans are not fooled by the speaker's phony procedural excuses for failing to bring this solution to a vote. they're tired of excuses. they expect action. >> reporter: the white house says the president will continue to try to work to get a deal done and we want to tell you that we just learned within the last couple of minutes speaker boehner has left the building. we presume to go back home to ohio for the holiday. megyn. megyn: going to celebrate cliffmas we've been discussing here on "america live". thanks, peter. >> reporter: thai, megyn. megyn: as americans mourn

the victims of newtown shooting one week later there are questions how americans are supposed to go forward here. knowing many monsters many believed are under their beds can't can't compare to the reevil we saw last week in connecticut. >> but i don't want them to think because one monster is out there but everybody is a monster. >> how do you stop that? how do you stop that? 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! [ male announcer ] taste it and describe the indescribable. could've had a v8.

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[bells ringing] megyn: well the bells tolled 26 times this morning in newtown, connecticut and countless other communities across the united states, noting each of the people killed at a connecticut elementary school exactly one week ago. in this morning's

"wall street journal" peggy noonan tackled question how parents and children go from here. she writes, kids are often afraid of imaginary monsters like ones that supposedly live under their beds. she shares how a friend tolder, quote, what is so terrible for the little kids hear about newtown, that the dream monster is now real. joined by a group of parents, some of whom you will know as political analysts or from other fox news segments but all of whom have young children in a world where now we realize the monster is real. thank you all so much for being here. such a sad day for so many in the country. i know our viewers are feeling it because we were together a week ago exactly right now as we learned that it was in fact 18 or 20 children who had been killed. i feel it and i know you all feel it. and the question is now, a week later and on a go forward basis as parents, as human beings, how are we supposed to process this? how are we supposed to help our children process this? and how do we get our kids

to a place where they can go to school and feel safe and not worry about the real monster? dr. jeffrey gardere, let me start with you. >> i would say first and foremost we need to take our time in processing what's going on as parents, even as children, because we still don't know what really happened, what the motivations were, what the role of mental illness was. megyn: but we know there are mad men out there now. we know there are red lines they will cross. >> those mad men happen to be our children too and, in no way am i making excuses for the shooter but we have to address why these things continue to happen and why, i'm in mental health, why the mental health experience is so lacking for these young men who are at the advent of some schizophrenia. megyn: it cab cathartic to find something to do and find something to change. >> i would say this is the most important thing, i know everyone will jump in, the

most important thing we need to continue to have the conversations and discussions and let our children know we are there for them. we will try to keep them safe but there are no guarantis. that is out the window. megyn: moms and dads, dr. cathy london, successful doctor, as a mom, how do you, how do you get through this with your kids and comfort yourself they can go to school and they will come home alive? >> i went through this also with 9/11 with my children who were very much younger at that time. part of it is that you first, random acts happen but we basically live in a safe world and you need to reassure your children andand pe myself than anyone else. listening, i mean that has been my job this week is listening to my kids. i'm not a believer, i'm hearing some reports of some parents in my practice where little 4-year-olds, it is being brought up in school and i don't think that is appropriate. i think there are ages you can shield your children. but at the same time, they're bringing it up. where are they? you need to listen.

let them process at their own rate. my two boys are very different. one is, he is fine with all this. the other one i can see is still struggling with it. jon: trying to understand. >> that is what you need to do. megyn: julie roginsky, you gave birth to a baby this year. as a new mother, i have two kids under the age of four, you worry about what world are they about to be brought up in? what other red lines will be crossed as they reach majority. >> sounds selfish, i'm sorry for parents that have kids my first reaction it happened, thank god, thank god my baby is too young to understand what is going on. thank god i don't have to explain this to him and hopefully he will grow up in a world where we do something to make it a little safer for him. much like 9/11, i assume things will hopefully have to change. the school he will be attending six years when he starts going to school will look very differently from the school your kids have attended today or last week. megyn: peggy noonan talks

about the possibility that more and more parents will choose to homeschool their children now out of fear. liz stern, your thoughts on that? >> i don't think that, we might see that for a little bit but i don't think that is something parents are going to be doing for the long run. keep their kids in regular school. megyn: keep them in regular school? >> keep them safe where they're supposed to be. the schools will make regulations and they will start to put in some practical, laws or things that they really need to do to prevent this from happening. megyn: we had the nra come out today and call for armed police officer at every school. i don't want to make this a gun debate because we've already done that, but would that make you feel better? bring you some comfort? t.j. mccormick? >> that makes sense to me in literal level. we put armed guards to protect banks. we have armed guards at airports. the thing jarring all of us and keeping a lot of us up at night what happened to these little babies, these babies. if we won't protect babies

the same way we protect money what are we willing to protect? so on very literal level, yeah, it makes sense to me. it does. >> schools are not fortresses. they're places of learning where our children learn empa think. >> they need to come home alive from that place of learning. >> it needs to be safe place. megyn: what do you make the fact we did a story on sales of bulletproof backpacks are through the roof. >> through the roof. megyn: i'm thinking to myself, talk to viewers about this, how do you explain to your child, honey this is for your books and also to save your life, if a shooter comes into your elementary school and starts trying to murder you, tony say wreck? >> megyn, it is incredible we're at point in the society that you have to consider that. that morning, friday i was watching my son's christmas pageant, in sanctuary, what 5-year-olds should be doing, enjoying the holiday season and celebrating. knowing exact same time this massacre was happening.

so many levels it affects us as parents. more than any other tragedy i see this kind of collective sense something has to be done and something does have to be done and it can't be just on one issue. everything is on the table i think. everything has to be on the table. megyn: you feel that way, people on the right, feel let's talk about guns and people on the left, let's talk about lower standards for institutionalizing the mental ill. let me ask you, greg? >> i wouldn't have a problem and i would probably feel better knowing there was somebody armed at the school. i have a 9-year-old daughter and a 7-year-old son and a 3-year-old son. one thing that gives me concern and pause is, with regard to the 3-year-old who is in preschool right now, it really is easy to get into the school. i hate to say it. it is locked. it is a private school. megyn: he shot his way in. even if it is tough -- >> that's why i'm not against somebody being there just in case. although what i'm trying to do, like, you know, the doctor said, you know you

and try to ask and garner information. what do my kids know? i don't want them to think, just because one monster is out there, that everybody's a monster. megyn: but how do you stop that? anne marie mcavoy, how do you stop that? we were all kids once and in addition to having kids, who doesn't worry about the monster under the bed. now they have seen evil monster in real life. >> what, i have done with my son listen to what he is worried about, what i found is some of the concerns and fears that i have are not necessarily the same as what he has. megyn: that's right. >> from the viewpoint of an 11-year-old and he's, you know, he is a child who had some challenges. he's had special services at school and, he doesn't necessarily react the same way but he is very frightened and you have to listen to him and make him feel he is safe. one of the things that i wish would be discussed more in this process is, the responsibility of the schools to try to help these children, especially when you have high-functioning

children. the schools are the best equipped to see a problem. they have professionals. megyn: talking about the shooter himself right now? sound like the school did everything possible. the principal of his high school on fox news said they made the sure the kid didn't get bully and targeted. like after columbine we have to prevent that. >> reality it is not just black and white. you can't just look at kid, say, this is troubled kid. he spends time by himself. we're going to flag this kid. no. because a lot of these issues they fly under the radar. megyn: but the mother knew. the mother knew this was a troubled son. [all talking at once] megyn: there is no question that she fade but there is question whether she needed to do more. i want to ask you, doug burns, out of the darkness comes some light. and that is, you know, we were talking about these teachers, these six women who literally shielded these babies with their bodies. ran towards the danger.

they are not law enforcement types. cops came into the building. teachers get bum rap, unions whatever, they literally ran themselves toward the little baby. one viewer said what adult wouldn't do it? some adults would be too scared. you never know what you're going to do in that kind -- the point we've seen such lightness. you have to bring that to your child as well. what we've seen and the rural, the community, the world, the nation rallying around those mourners and those, their families of heroes in connecticut. >> you're making a great point which i totally agree with. after the hurricane, after 9/11, you do see people rallying and coming together and trying to cobble together some type of you know, positive feeling about it but i like what you said earlier in terms of what peggy noonan wrote. like the shattering of the innocence of youth. that's the problem. and once you cross that rubicon, that's why i think it is a fair discussion to say should we make a school like a court? when i go to court they

check you? i don't know the answer to that. >> i will say after columbine, i remember columbine so well we had same discussions people moved on. you had had shootings subsequent to column bind and people moved on. as a mother, i hope this will be a 9/11 moment where there is wake-up call. megyn: you know who has a lot of responsibility in doing that? is the media. because the media chooses what stays in the news and what doesn't stay in the news. if we don't stay on it will -- quickly and i've got to go. >> we can't let this take away our children's innocence. i think we can be smart about it and practical how we discuss it but we owe it to them to try to give emthis childhood they deserve. megyn: thank you all. >> and we have to reach out. >> we stand together and defy evil and that's what we do best and --. megyn: thank you. i've got to go. thank you all so much. merry christmas to all of you. >> thanks, megyn. coming up we're tracking this massive winter storm,

speaking of christmas, already causing headaches for thousands of holiday travelers. new details on that just ahead. if you're hosting a holiday party we've got a special "kelly's court" how to have holiday parties without extra helping of a new year's lawsuit coming up. ♪ . [ male announcer ] alka-seltzer plus presents the cold truth. i have a cold, and i took nyquil, but i'm still "stubbed" up. [ male announcer ] truth is,

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♪ . megyn: oh, yeah. back to reality. "kelly's court" is back in session. on the docket today, do you hear what i hear? it is millions of americans getting ready for christmas and holiday parties from coast to coast and the ensuing lawsuits. one too many eggnogs can often lead to some new year's regrets. if you are the host you could face serious legal consequences if any of your guest as little too merry.

here to save you from that, jonna spilbor, brian claypool. both are defense attorneys. in preparing for this segment i read some of the most ridiculous recommendations i think i ever read, when you host your big christmas party or new year's eve party don't serve any alcohol. now that, there may be a small percentage of the population that thinks that's, you know, doable but the vast majority of americans are going to offer a little nog, jonna. how do they prevent themselves from getting sued? what are the exposures there? >> couple of things. don't serve the guests too much eggnog. if you have a guest running around with a lampshade on his head it is okay to cut him off. most importantly here is what i do every time. i have an account with a cab company, when my guests come over an owe they can get open on my bill. they i will pay for it. have fun but you're going home with somebody else. you're not getting behind the wheel. megyn: here's the thing, brian, if somebody comes to

your house, if somebody comes to your house and they get intoxicated and then they choose to drive home and they have an accident, they hurt themselves or god forbid they hurt somebody else, the victims can sue you. >> right, megyn. unlike if you have a party at a bar. the bar would be liable if that happened. but if you throw a private party at your house and you serve alcohol to somebody, they get out in their car, drive, get in a car accident, you could be responsible for paying not only medical bills but possibly even money in a wrongful death case. so i think --. megyn: what -- how do you prevent that? you make sure if they get drunk or don't get drunk, they take a cab. >> i have a couple of suggestions to your audience, i would give a theme to my party, called the holiday hostage party. megyn: well. >> look, if you have to have people stay overnight, have them stay overnight. megyn: that could lead to all sorts of other lawsuits. >> well, yeah.

that could happen too. but look, the short of it is, a lot of people do drink and i don't think there is anything wrong with telling people, if you want to stay, here is cot or sleeping bag. i have a another idea real quick, put two tickets in a little bag. give those tickets to people that come to your house, put a little wristband on their wrist and have the bartender take their ticket and put a little hole in the wristband and only allowed two drinks at your party. megyn: really? i have to go back to jonna. jonna. >> who will do that, really? >> boo-hoo. megyn: welcome, but you're cut off after two glasses of wine. now that is reasonable amount for people to drink but we all know how holiday parties work. >> you will have only one party that way because nobody will show up for your next party. i think a better idea, you know what they walk in, take their coat and take their keys. somebody has to stay sober enough to monitor. megyn: it would be helpful to have a bartender. it is on him. he can cut the guests off if

they're getting too drunk. help to serve cheap liquor. don't want to drink as much. if you're an employer, right? we had "america live" christmas party other day, if you're employer you need it worry about not just all of these things but also somebody feeling little amorous after their glasses of wine. there was a case we looked out of tennessee, some of the gifts, you know there was a group gift exchange, included edible underwear and blowup doll and that led to a big lawsuit and a big judgment. jonna? >> that can happen. that is sex harrassment suit wait to happen. merry christmas to you. you have to have rules when you have a office christmas party. i didn't exchange any gifts at my office christmas party. i made everyone wear really ugly sweaters. that helped. nobody wanted to go home. megyn: invite the spouses because we have another case of a lawsuit out in wisconsin where the boss followed the plaintiff into a bathroom saying, he had to have her. despite her protests he kissed and tried to haver

had. he wound up having to pay a bunch of money, brian. yeah. >> megyn, you can't control people. people come to your party. you know how it is. people drink. it is holidays. you really can't stop everything. one thing i would do, getting back to this driving under the influence issues, why not have people sign a waiver, when they come to, if they're having party at your house or office? sign a waiver. i play in basketball league every wednesday night, megyn. i have to sign every wednesday a waiver on the score shoot. megyn: sign a waiver. get some tickets for my drinks. then i'm going to sleep on the couch. stay at home. >> megyn, i don't want a lawsuit in my stocking when i wake up on christmas morning, all right? megyn: merry christmas to you both. >> merry christmas. >> be safe.

megyn: ♪ . ♪ . megyn: that was a clip from the brand new movie musical, les miserables. one of several films to draw big crowds when they open christmas eve. dennis kneale has the story. hey, dennis. >> hello. here is the big surprise. the film version of the long running broadway musical is breaking records already. les mis could be breaking records. the sales at fandango website are smashing all-time records for any film opening christmas.

box-office.com says the film could reap 26 million bucks in the u.s. on the opening and over $136 million in its full u.s. run. for a musical. who would have thunk it. even more surprising, lay ms. , building this buzz in the fate of a real action films. you have the tom cruise shoot emup, ""jack reacher".". quentin tarantino's violent anti-slavery epic, "django unchained." and "zero dark thirty". and then there is les-mis run on broadway 27 years and based on a novel written in 1862. it has extra factors. it has been a hit on broadway, 27 years. has a built-in franchise audience. has star you had studded cast. hue, wolverine jackson and gladiator, russell crowe and chronically cute, anne

hathaway. and it loads up on tons much huge computer-generated effects. a hit would help who wood hit a record high this year given a news surprise with the travails that plagued tinseltown all year long. megyn: dennis, merry christmas. >> you too. megyn: almost 3:00 on the east coast. the big news, we're still here! today was the day the mayans said the world would end as we know it but it looks like their calculations may have been a bit off. a look how people around the world decided to sell great. i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach. five days later, i had a massive heart attack. bayer aspirin was the first thing the emts gave me. now, i'm on a bayer aspirin regimen.

[ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. [ woman ] learn from my story.