withdrew his name to avoid contentious questioning over the use of water-boarding and other so-called enhanced interrogation techniques brennan said at the time he opposed. there will be tough questions this time over the use of drones to target al-qaeda leaders. brennan was the first u.s. official to publicly acknowledge their use and that acknowledgment has drawn criticism as well. megyn. >> megyn: back to you in moments. thank you. chris stirewalt, our digital edit editor, and let's start with hagel. you think that a democratic president picks even a moderate republican and granted, this is a guy who says he voted for obama twice, but you know, okay. so the best moderate of republicans, but still, he's a republican so you'd think he'd go through, but you think that this is actually controversial even according to liberal democrats? >> well, two categories here and the thing that wendell was

talking about with pro-israel groups is a big deal. the things that he's said, he referred to the jewish lobby, which is a charged phrase when talking about groups in the united states that support israel, they're strong opposition among conservative pro-israel factions in the united states, but there's also among liberals misgiving and they want to hear from hagel, bowing and scraping and carden and others who are pro israel want to hear hagel say, i'm sorry, i shouldn't have. we may be on the verge of that great washington phrase "inartfully phrased", and then the second half, the fact that republicans dislike him more than they dislike some democrats, not just because of the israel stuff, but in 2006 and 2007 when republicans were taking an incredible amount of abuse because of what was going on in the iraq war, hagel changed his position, he had been a supporter of the

war, he changed his position, came out against the war and vigorously, he was the most outspoken opponent among the republican party against the iraq surge in 2007 and split with john mccain, a former mentor of his, and sewed a lot, a lot, a lot of animosity between himself and his party. and when he voted for barack obama, it was sort of no surprise among the republicans thing. he doesn't have the goodwill in the republican conference of the united states senate that another similarly situated republican might. >> megyn: he called the successful iraq troop surge the most dangerous blunder in this country other than vietnam. obviously that turned out not to be the case. and on the topic of israel, you can't get away with inartfully phrased for hagel on this, can you, chris? not only he called it the jewish lobby, one of the two senators voted for renewal of libyan act and voted against

designating the iranian revolutionary guard a terrorist organization and blamed for blocking a bill that democrats supported. so, it's his -- his stance with respect to israel has been sort of neutrality at best, but that doesn't seem to be an acceptable stance for even, you know, some democratic senators? >> well, we hear from some groups on the left, basically, you know, the pro israel factions in the united states are politically divided, too, some are more conservative, some are liberal. liberals are willing to take hagel and the president at his word, that he is a staunch supporter of israel and he does see israel as this important partner for the united states in the middle east regardless of what he's-- how he's voted for what he's said in the past and that they do have a special relationship with the united states, but in the middle and on the right there is broad, broad belief that he is not -- he does not see a special relationship with israel and he did not believe that we should be

taking their side in their ongoing conflicts with their neighbors. >> megyn: why, why did the president pick him? i mean, given this. there are so many that he could have picked for this, you know, secretary of defense, he didn't have to go with hagel. you know, given the iran problem, given the fact you've got one of the the most liberal democratic senators in the senate calling this controversial, why go with hagel? >> well, part of it is he wants to teach the republicans a lesson. he wants republicans to look more like chuck hagel. he wants them to be more moderate, wants them to be less in favor of big, strong u.s. military presence. so, he is trying to tell the republicans how they ought to be. that's part of it. but the biggest part is, the president has decided, and he made it very clear in the discussions over the tax increases that went into play since the beginning of this year, he's made it very clear thatore mr. nice guy and hs going to have things his way and having seen susan rice, who was widely speculated to be his choice for secretary of state, to see

her have to withdraw her potential nomination, the president, i think, decided he's going to make it stick and make the republicans choke on it when it comes to chuck hagel. >> megyn: now, brennan, he's, you know, going to take over for petraeus at the cia and he's had a long history at the cia, apparently some feathers were ruffled and some weren't, whatever. but the thing about brennan,'s been in an important position, top advisor on counterterrorism to the president and he's been very absent on benghazi, on what happened to our ambassador on 9/11 of 12 when he was killed, the ambassador and three others. unlike susan rice ultimately didn't get the nod for the next secretary of state position because she did go out there on boss's orders and say stuff about benghazi, brennan didn't say anything about benghazi, does that help or hurt him now? >> probably helps him. look, he's going to have -- for mr. brennan he will have a difficult couple of days as he goes on the hill and answers questions about mentioned drone strikes and the president's expanded remote

control aircraft war around the world, yes, he'll have to talk about that. yes, he'll have to talk about benghazi, yes, liberals will ask him about why, what his role was in the enhanced interrogation techniques post 9/11 under the bush administration. 's going to have a couple of rough days, but by all accounts, he's headed for passage. you know, the thing that differentiates him from somebody like hagel, brennan is a careerist,'s been inside the intelligence establishment for decades, he's a creature of this and knows this. hagel did not have, outside of his vietnam service, did not have some big recent record that demonstrates that he is the must-have guy on the department of defense, that he likely leon panetta before him, a budget maestro had dealt with these issues before. hagel isn't that guy. he's the want to have. the president wants to have him and make his point and the republicans are going to oblige him by giving him a heck after fight.

>> megyn: a budget maestro. we went hagel and brennan and went back to hagel. and i wanted to ask you about that comment. 14 years ago a quote about somebody being aggressively gay. how big a deal will that be? because one wonders if this is a president bush nomination and somebody went before this senate, how tough some of these senators would be on said candidate over such a candidate-- or such a comment? >> oh, not even kerfuffle on this one. once he said the person was not aggressively gay and-- >> what does it mean. i don't know. >> megyn: how do you get to aggressively gay? >> i don't know. maybe it's -- i don't know, maybe -- i don't want to speculate. >> megyn: don't go that. >> i don't want to go in that area. >> megyn: what was he trying to say. >> he apologized. he was trying to say this person would be very out gay person, a person who had embraced their homosexual

identity, that this was -- that they were really out and gay. and so he was sorry for having said that and this is how it works in washington. especially if you're a democrat or a republican under the aegis of a democratic president. if you're sorry, it's enough. if you come out and say that you're sorry and that you were misinformed, it's okay. but as you point out. this is sort of the robert bird-strom thurmon rule, if you're going to get more from the people, he said or did something wrong, we know his heart is in the right place and it's okay. versus if you're a conservative or a republican you're not going to get that benefit and they'll chase you down. >> megyn: he is a republican in name, but we'll see whether that turns out to be any sort of an issue for him. obviously, his boss, the democrats would-be boss. and they're running a little late there and we'll see what the president says and how he frames the nominations. chris stirewalt.

and new trouble for the white house as some of the president's supporters taking to twitter to ask why they are missing a big chunk of their paychecks, they thought it was only the rich who was going to get hit and those who get paid on a weekly basis found out it's 77% of the country. we'll talk about it. plus, 18 children have died, 2000 people hospitalized just last week in what doctors are calling one of the worst flu seasons in recent history, in at least ten years. dr. siegel joins us with warnings from the c.d.c. what you need to know. a national controversy breaks out over a criminal case in ohio when a hacker group and a liberal activist decide to bring some street justice to some high school students who may have broken the law. stay tuned. . >> this trial, a fair trial is all that matters, now, i think a fair trial and punish the people that were involved and not take it out on the whole community. i tried weight loss plans...

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to volunteer to help those in need. when a twinge of back pain surprises him. morning starts in high spirits, but there's a growing pain in his lower back. as lin grow longer, his pain continues to linger. but after a long day of helping others, he gets some helpful advice. just two aleve have the strength to keep back pain away all day. today, jason chose aleve. just two pills for all day pain relief. try aleve d for strong, all day long sinus and headache relief. >> fox news alert. let's get live to the white house now where the president is about to make his announcement. let's take a listen.

>> good afternoon everybody, please have a seat. as president and commander-in-chief, my most solemn obligation is the security of the american people. over the past four years we've met that responsibility by ending the war in iraq and beginning a transition in afghanistan, by decimating the al-qaeda core and taking out osama bin laden, by disrupting terrorist plots and saving countless american lives. among an outstanding national security team i am especially grateful to leon panetta, who has led the cia and our military will incredible skills. leon, after nearly five decades of service, you have more than earned the right to return to civilian life. i'll have much more to say

about leon's distinguished service in the days ahead. today i simply want to convoy both to you and to silvia the eternal gratitude of the entire nation. thank you so much. i also want to thank michael morelle who has earned the admiration of all us who have worked with him across government and here in the white house. in moments of transition he's guided the cia with a steady hand as acting director, not once, but twice, and he is a consummate professional, as i said, everybody in the white house who works with him, everybody across agencies who works with him, considers him truly to be one of our most outstanding national security team members and so, michael, on behalf of all of us, thank you, and mary beth for your continued service. as these leaders know, the work of protecting our nation is never done and we've still

got much to do. ending the war in afghanistan and caring for those who have bourne the battle and the conventional to the unconventional, including things like cyber-security and within our military continuing to ensure that our men and women in uniform for the country they love, to help meet the challenges of our time i'm proud to announce my choice for two key members of my national security team, chuck hagel for secretary of defense, and john brennan for director of the central intelligence agency. now, chuck hagel is the leader that our troops deserve. he is an american patriot, he enlisted in the army and volunteered for vietnam. as a young private and then a sergeant, he served with honor alongside his own brother.

when chuck was hit by schrapnel, his brother saved him. when his brother was injured by a mine, chuck risked his life to pull him to safety. to this day chuck bears the scars and the schrapnel from battles fought in our name. and chuck's leadership of our military will be historic. he'd he be the first person of enlisted rank to serve as secretary of defense. one of the few secretaries who have been wounded in war, and the first vietnam veteran to lead the department. i saw during our visits together in afghanistan and iraq, chuck hagel, our troops see a decorated combat veteran of character and strength. they see one of their own. chuck's a champion of our troops and our veterans, and our military families. as a leader of the va, he fought to give our veterans the benefits they deserved.

as head of the uso, he devoted himself for caring for our troops. having studied under the g.i. bill himself, he helped lead the fight for the post 9/11 gi bill so today's returning heroes can get their education, too. having co-chaired by intelligence advisory board he knows our armed forces collect, analyze, depend on good intelligence. chuck recognizes that american leadership is indispensable in a dangerous world. i saw this in our travel across the middle east. he understands that america stands strongest when we stand with allies and with friends. as a successful businessman, he also knows even as we make tough fiscal choices we have to do so wisely, guided by our strategy and keep our military the strongest fighting force the world has ever known. maybe most importantly, chuck knows that war is not a distraction. he understands that sending

young americans to fight, bleed in the dirt, and mud, that's something we only do when it's absolutely necessary. my frame of reference, he has said, is geared towards the guy at the bottom, who is doing the fighting and the dying. with chuck, our troops will always know, just like sergeant hagel was there for his own brother, secretary hagel will be there for you. finally, chuck represents the bipartisan tradition that we need more of in washington. for his independence and commitment to consensus, he's earned the respect of national security and military leaders, republicans and democrats, including me. in the senate, i came to admire his courage, his judgment, his willingness to speak his mind, even if it wasn't popular, even if it defied the conventional wisdom. that's exactly the spirit i want on my national security

team. recognition that when it comes to the defense of our country, we are not democrats or republicans, we are americans. each of us has a responsibility, chuck has said, to be guided not by the interest of our party or our president, even, but by the interests of our country. so, chuck, i thank you for agreeing to serve once more, in the interests of our country. now when i'm on the subject of patriots, let me say a few words about john brennan. john brennan, the men and women of the cia will have the leadership of one of our nation's most skilled and respected intelligence professionals, not to mention that unique combination of smarts and strength that he claims comes from growing up in new jersey. a 25 year veteran of the cia,

john knows what our national security demands. intelligence that provides policy makers with the facts, strong analytic insights and the keen understanding after dynamic world. given his extensive experience and travels which include, by the way, travelling through the arabian peninsula where he camped with tribesmen in the desert, john has an involumable perspective on the forces, history, politics, economics, the desire for human dignity driving so much of the changes in today's world. having held senior management and analytic positions at the agency, john committed to investing in the technical range that we need, technical and human and literally built and led the counterterrorism staff and he knows the risks that our intelligence professionals face every day.

john has lost colleagues and friends, and that memorial wall in langley. the last four years, as my advisor for counterterrorism and homeland security, john developed and has overseen our comprehensive counterterrorism strategy, a collaborative effort across the government including intelligence, feds, homeland security and law enforcement agencies so think about the results, more al-qaeda leaders and commanders have been removed from the battlefield than at any time since 9/11. their communications, recruiting, training, finances are all under enormous strain all i which makes it harder to carry out large scale attacks against our homeland and our entire team, including our exceptional director of intelligence, jim clapper, will remain relentless against al-qaeda and its affiliates.

in all this work, john has been tireless. people here in the white house work hard, but john is legendary even in the the white house for working hard. he is one of the hardest working public servants i've ever seen. i'm not sure he's slept in four years. we -- when i was on martha's vineyard, john came and did the press briefing in the summer, it was august. he's in full suit and tie and one of the reporters asked him, don't you ever get any down-time? john said, i don't do down-time. he's the not even smiling now (laughte (laughter) there's another reason i value john so much his integrity and

values at that define us as americans. he has worked to embed our efforts in a strong legal frame work. he understands we are a nation of laws. moments of debate and decisions, he asks the tough questions and he insists on high and rigorous standards. time and again he's spoken to the american people about our counterterrorism policies because he recognizes we have a responsibility to be open and transparent as possible so john, you've been one of my closest advisors, a great friend, i'm deeply grateful for your extraordinary service. i'm even more grateful for kathy's willingness to put up with you and i'm grateful to both of you for your willingness to take this assignment. today, i can say to the men and women of the cia in director john brennan you'll have one of your own, a leader

who cares for you deeply and who will fight for you every single day and you'll h leader who has my complete confidence and my complete trust. as i said, the work of defending our nation is never done. my number one criteria in making these decisions was simple, who is going to do the best job in securing america. these two leaders have dedicated their lives to protecting our country. i'm confident they will do an outstanding job. i urge the senate to confirm them as soon as possible so we can keep our nation secure and the american people safe. so, chuck, john, congratulations. with that i want to invite each of these leaders on stage to say a few words, starting with mr. leon panetta. >> first of all, let me

express my deepest gratitude to the president for giving me the honor and the privilege of serving in your administration. these last four years as director of the cia and now as secretary of defense, i have been extremely proud to be part of your national security team, mr. president, and to be proud of what it has accomplished in your first term. looking ahead to the second term, i want to commend president obama on his decision to nominate chuck hagel as the next secretary of defense and let me also add, as former director of the cia, to commend the president for his choice of john brennan and. i've had the opportunity to work with john in counterterrorism these last four years, he knows the cia. he will be a strong leader of that great intelligence

agency. i've also known chuck for a long period of time as well and i had the opportunity to work with him closely, particularly in his capacity as chairman of the president's intelligence advisory board. i greatly appreciate the work he has done to strengthen our intelligence enterprise. it has been extremely important to our ability to improve our intelligence capabilities. and as secretary of defense, i also benefitted from his work when he served on our defense policy board. chuck hagel is a patriot, he's a decorated combat veteran and he is a dedicated public servant. i believe his experience, his judgment, his deep understanding of the security issues facing this country make him the right choice to be secretary of defense.

as for me, after close to 50 years of serving the american people, began in 1964 when i served as a first lieutenant in the united states army, and then in both the legislative and executive branch positions in washington, the time has come for me to return to my wife silvia, our three sons, their families, our six grandchildren, and my walnut farm. dealing with a different set of nuts. (laughter) i want to deeply thank my family for giving me the fullest pressure of love and support during my many absences at home, throughout my long career and public service, but i will leave washington with the very deep sense of pride in what we have accomplished during these last

four years, being on the president's national security team, as both director of the cia and as secretary of defense, i have always believed there our fundamental mission is to keep america safe, keep america secure and because of the outstanding dedication of our intelligence and military professionals, america is safer and more secure than it was four years ago and we have reached a turning point after more than a decade of war. and on that, as we reach that turning point, we've developed a new defense strategy for the 21st century. we have john's leadership, decimated al-qaeda's leadership, and weakened their effort to attack this country. we have brought wars in iraq and we will bring the war in afghanistan to an honorable

conclusion. we've opened up opportunities for all americans to serve in our military. and we continue to strongly support our forces, their families, and our wounded warriors. these are some of the achievements that i am proud of. let me close by expressing my profound gratitude to the outstanding team of military and civilian staff and leaders that i've had the honor to serve with at the department of defense and at the white house. in particular, let me deeply thank the outstanding men and women in uniform who i've had the privilege to serve and to lead. those who put their lives on the line every day on distant battlefields for this country. their sacrifices teach us that freedom is not free, a strong democracy depends on a strong defense, but you can also not

have a strong and stable defense without a strong and stable democracy. as we continue to confront strategic challenges and fiscal austerity, my hope for the future is that the sense of duty our service members and their families exhibit every day inspires the leaders of this nation to have the courage to do what is right, to achieve the american dream, to give our children a better life, and to build a more secure future. >> thank you, mr. president, i'm honored by your trust and confidence and not underminedful of the immense responsibilities that go with it. i want to also acknowledge my wife lili beth, my daughter allen and our son who is in

chicago today and we hope back attending his first day of classes at depaul university. and to my friend leon panetta, thank you for your extraordinary service to our country over so many years in so many capacities. you are one of the premier public servants of our time. to follow you at the department of defense will be a most challenging task, but i will try to live up to the standards that you, bob gates, and others have set for this job and this nation. let me also express my deep appreciation and congratulations to my friend john brennan, and to also acknowledge the president's confidence and trust in john brennan. thank you, john, for your service, and what you will continue to do for our country. to mike morelle, who i have

gotten to know over the years, not just serving on the senate intelligence committee, but also as the president has noted, the privilege of co-chairing the president's intelligence advisory board with former senator dave boren, thank you, mike for your continued service. mr. president, i'm grateful for this opportunity to serve our country again and especially, its men and women in uniform and their families. these are people who give so much to this nation every day, with such dignity and selflessness. this is particularly important at a time, as we complete our mission in afghanistan and support the troops in military families who have sacrificed so much over more than a decade of war. i'm also grateful for an opportunity to help continue to strengthen our country and strengthen our country's alliances and advance global freedom, decency and humanity

as we help build a better world for all mankind. i will always do my best, do my best for our country, for those i represent at the pentagon and for all our citizens. mr. president, i will always give you my honest and most informed counsel. thank you very much. >> mr. president, thank you for your very kind remarks and thank you for the trust that you've placed in me when you asked me to be acting director twice. i have had the honor of knowing and working with john brennan for the last 20 years. we have worked particularly closely the last three years. john brennan is an intelligence professional with deep experience in our business, a public servant

with extraordinary dedication and a man of deep integrity. with senate confirmation, i know that he will be an outstanding director of the central intelligence agency. as the president noted, john started his career at the cia and spent nearly a quarter century. so, this is a homecoming for john. john, on behalf of the talented and dedicated men and women of cia, it is my deep honor to say, welcome home. >> . >> mr. president, it is indeed a tremendous honor to be nominated to be the director of the central intelligence agency. the women and men of the cia are among the most dedicated, courageous, selfless and hard-working individuals who have ever served this country.

at great personal risk and sacrifice, they have made countless invaluable contributions to our national security and to the safety and security of all americans. most times their successes will never be known outside the hallowed halls of langley and the oval office. leading the agency in which i served for 25 years would be the greatest privilege, as well as the greatest responsibility of my professional life. mr. president, i want to thank you for your confidence in me, but even more, for your confidence and constant support of the cia and to those who serve in the intelligence community. they need and deserve the support of all of their fellow americans, especially at a time of such tremendous national security challenges. if confirmed as director, i will make it my mission to ensure that the cia has the tools it needs to keep our nation safe and that its work

always reflects the liberties, the freedoms, and the values that we hold so dear. i'm especially proud to stand here today with such patriots as leon panetta, chuck hagel and mike morell. it was a tremendous honor to serve with leon over the past four years and i very much look forward to the opportunity and privilege to serve with another of america's great patriots, chuck hagel. and i'm especially proud and touched to be able to stand here today with my close friend and colleague michael morell who epitomizes what it means to be an intelligence professional. michael's leadership at the cia, as well as his 32-year career, has been nothing short of exemplary. michael, i very much look forward to working with you in the weeks, months and years ahead. and i also look forward to working with congress, as our national security rests on the ability of the executive and legislative branches of our

government to work as a team. while the intelligence profession often times demands secrecy, it's important that there be a full and open discourse on intelligence matters with the appropriate elected representatives of the american people. although i consider myself neither a republican nor a democrat, i very much look forward to working closely with those on both sides of the aisle. finally and most importantly, to my wife kathy, to my children kyle, jacqueline, kelly, to my parents in new jersey, a shout out. (laughter) one who is 92 and mom dorothy 91 and my brother and i could not be where i am today without their love, their patience, understanding and their support and there's no way that i can ever repay that except to say i think i'm going to need it for a little bit longer. (laughter) again, mr. president, i am deeply grateful for this opportunity.

it will be bittersweet to leave all of my close colleagues and friends heret the white house and at the national security staff who i've come to work with and respect so deeply over the last four years, but if confirmed by the senate, i would will consider it to be the honor of my life to serve the 21st director of the central intelligence agency. >> these are four outstanding individuals. we are grateful to all of them. i want in particular to thank mike morell and leon panetta for their extraordinary service and i just want to repeat, i hope that the senate will act on these confirmations promptly and when it comes to national security, we don't like to leave a lot of gaps between the time that one set of leaders transitions out and another transitions in, so we need to get moving quickly on

this. final point i will make, one of the reasons that i am so confident that chuck hagel is going to be an outstanding secretary of defense and john brennan is going to be an outstanding director of the central intelligence agency is they understand that we are only successful because of the folks up and down the line in these respective institutions. the folks on the ground, who are often times putting their lives at risk for us, and are often times great removed from washington and its politics. to have those who have been in the field, been in the heat of battle, who understand the consequences of decision that is we make in this town and how it has impacts and ramifications for everybody who actually had to execute our national security

strategies, that's something invaluable. it will provide me the kinds of insights that i need in making very difficult decisions, but it will also mean that these folks are going to be looking out for the people who work for them and that's something that i think in these leadership positions is absolutely critical. so, i'm looking forward to working with these two gentlemen. they're going to be outstanding. thank you very much, everybody. [applaus [applause] >> a healthy amount of time devoted to those announcements and should give you a feel how important they are and the president sees them. secretary of defense and head of the cia, you've gotten a chance to meet for yourselves, the men who the president believes should go into their positions, chuck hagel former senator from nebraska secretary of defense and john brennan now set to take over for general petraeus force today resign his position as the head of the cia, after the facts of the extramarital

affair and mike morell acting director and they'll head to confirmation battle, and keep in mind the democrats control the senate and even though there's controversy attached to these two men's names, most folks in washington believe they'll be deal breakers, hagel more problematic than brennan they say, we'll see as it plays out. the president says time is of the essence, got to get going on those positions. thank you for watching that with us. now for more news, we're getting reports that the president as gun control task force is working on a series of new laws that are tougher and broader than anyone had predicted thus far. first we thought it would mirror the old weapons assault ban and now we're hearing likely to be much, much more than that and we'll have that report for you the top of the hour, plus, 18 children have died so far, 2000 people were hospitalized just last week in what doctors are calling one of the worst flu seasons in

recent history. dr. siegel, take a wide shot. dr. siegel is here and actually he's going to give me a shot live on the air. and he's putting on the white gloves and his needle. stay tuned for that. >> it won't hurt, won't hurt. >> megyn: if i can do it, you can do it. that's coming up next, and tensions r handling of a high school rape investigation in ohio. protesters accuse a local sheriff of trying to shield the high school football team and we'll speak with the ohio attorney general just brought in on the case just ahead. >> we all feel very strongly about this. as a parent after daughter, as a woman myself, this is absolutely unacceptable. >> this is a shame. it's going to come out, it's going to be due process. if the kids are guilty, they are going to get what they have to get. n blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is!

ichltd. >> new concerns over what experts warn to be the biggest flu outbreak in decades.

from coast to coast leaving 18 children dead and more than 2000 people hospitalized last week alone. the centers for disease control warns this is going to get even worse, so, should you get a flu shot? and are there any concerns about the vaccine? dr. mark siegel is part of our fox news medical a-team and joins us with his take and he's got his gloves on because he's going to shoot me up in a minute and i have not gotten a flu shot and preparing for this segment, oh, boy, i need one. and that, i mean, 18 children dead? how does a child die from the flu? >> well, the bad news is that this is very similar to the strain that we saw in 2003, when over40,000 people actually died with flu related illness and you ask how does a child die. >> in one season? >> in one year. >> megyn: tens of thousands of people died from the flu. most of them elderly and the way they die, they get another infection, they get a pneumonia, a bronchitis, some other infection. the flu knocks you down. the flu knocks down your

immune system you get fatigued, muscle aches and fever and used to be called the grip for a reason. one day you're fine and next day you're tired, you have a cough a sore throat. >> how do you tell the difference between i'm sick and i have the thing officially called the flu? >> you may not be able to tell. i don't think the public can always tell. at a time like this when we're reporting on it everyone thinks they have the flu when they have a sniffle. i like to say the flu, you know when you have it, you can't go to work, you're too ill, you get a high fever and you get muscle aches and really fatigued. if you've got a sniffle or a cough or you have a sore throat and you otherwise feel fine, it's not likely to be the flu. >> megyn: why can't we just roll the dice, see if we get the flu and then take tamiflu. >> you could do that, i'm actually for that. but not for rolling the dice. the big difference between 2003 and now, the centers for disease control got it right. they looked down in south america and said what strain is coming from asia and they

found the pro nom nent strain. we didn't do that in 2003. this flu is a good match. it's a dead virus, you cannot get the flu from it. we expect the peak of flu season to be another three or four weeks from now and guess what, it takes about three weeks for the flu shot to work. >> megyn: is that right? if you get it today you're not protected for three weeks, but thereafter. >> and herd immunity. everyone in the household gets the flu shot and then the most vulnerable people in the house are protected. if you have a young child, everyone should get the flu shot. if you have someone with a chronic illness, if you have someone with asthma, you want to protect them, give them the flu shot and everyone around them then the flu is less likely to get into the house. >> megyn: but this, the children who died, i mean, is that because of the same reasons for the elderly because they're not as strong as an adult or as a young adult? >> exactly, they might have had another chronic illness or developed pneumonia or maybe didn't get tamiflu, i'm for

giving people most at risk, tamiflu. >> megyn: does it always work? >> doesn't always work, but decreases severity. so if you get the flu and you're worried that you're going to end up hospitalized. we saw over 2000 people hospitalized last week alone and 15,000 cases have been reported this year, but megyn, it's probably three or four times that. because most physicians like me, make the diagnosis clinically, you know, we don't prove it's the flu, we know it's the flu. we treat it so then it's not recorded as an official case. >> megyn: 41 states now reporting widespread influenza this year, and the number of influenza-like illnesses has also shot up over recent days, so, does the flu shot hurt? my memory, it really hurts. we're going to find out together in three minutes, don't go away. [ loud party sounds ]

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>> all right. d mark siegel is with us, and how do you get the flu. >> it's on the surface and respiratory, you can get it sneezed or cough on you, and if you touch your or face and on the surfaces, touch it, you can get it that way in 24 hours. that's why i'm saying hand washing and wiping surfaces, people know if you're going to get the flu a day or two if you're exposed, you can't say now i'm better. you can shed the virus up to a week after you're feeling better so that means you go back to work and spread it at work. you've got to continue all of the precautions even after you're starting to feel better and that's important. flu is wildly contagious. >> megyn: i hope hemmer is watching. he says he never missed a day of work for illness. and a start-- >> how about new year's eve. >> megyn: he never coughed. and how do you prevent

yourself from getting the flu, apart from the needle. >> try to stay in good health, run down get it. stay away from people that are really sick, that may be carrying it. someone in your house has it, isolate them. keep away from them. >> megyn: wash your hands. >> the flu is a tiny package of genetic material. >> megyn: and i can't postpone it, they're telling me stop stalling. you gave me this last year and it hurt. >> i'm getting better and practicing. >> megyn: all right. >> i'm not practicing on you. >> megyn: all right. here we go. ow! (laughte (laughter) >> all done, how was that. >> megyn: not bad. >> give you a bandaid because you're a women. >> megyn: check with you next hour, see if i live. thanks, doctor, the check is in the mail, i swear. coming up-- >> how did i do. >> megyn: you did well, i recommend your services.

dr. marc siegel, thank you, sir. anyway he says there's not a shortage of the vaccine, you, too, can get your vaccine and go through it together or not. and coming up can you be fired for being too attractive? we have got the picture after woman who says that's what happened to her and now her case is going to a state supreme court. we'll show you who she is. and a new survey of college students creating interesting questions about the future of america. why our current crop of students believe they may be our greatest generation. where this thinking comes from and what it's based on what it means for the u.s. the middle of the national debate for gun control, case in georgia, a mother comes face-to-face with a burglar confronting her and her children and then she reached for the gun, next.

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call... to switch, and you could save hundreds. ♪ born to make mistakes liberty mutual insurance. responsibility. what's your policy? >> fox news alert on new developments with our national debate over gun control. welcome to a brand new hour hereof america live. i'm megyn kelly. we're hearing reports that the white house is considering a

plan on gun rights, on sort of revising the gun laws that may be bigger and more far-reaching than previously thought. interestingly, this comes on the same day we're learning more about a frightening home invasion case in atlanta. a home invasion that could have ended tragically for the family, but for the mother had a .38 revolver and knew how to use it. trace will have more in a minute. first to chief correspondent mike emanuel. >> reporter: hi, megyn, president obama has been clear, he expects recommendations from vice-president biden's group in months and will push for them without delay following that. a senior administration official told us the biden group is taking a broad approach and gun laws are only one part of the issue. it's believe that translates to much more than reinstating an expired ban on assault weapons and high capacity ammunition. the biden group is considering universal background checks for gun buyers, a data base to

track the sale and movement of weapons, tougher personalities for carrying guns in schools and stronger mental health checks. let's look at the white house briefing room, jay carney is due to take questions any moment now. white house aides do not want to get ahead of what the biden group proposed and once the plans are released the administration wants to take a major public relations offensive including from the briefing room why their ideas should bented without delay. back during the 2008 campaign then senator obama tried it reassure people he was not anti-gun. >> we all go home and you're talking to your buddies and oh, he wants to take my gun away. you've heard it here, i'm on television, so everybody knows it. i believe in the second amendment. i believe in people's lawful right to bear arms. i will the not take your shotgun away. i will not take your rifle away.

i won't take your handgun away. >> regarding what the biden team is expect today propose, newly elected democratic senator heidi hidecamp from north dakota expressed concerns. what she's heard about the proposal is way in extreme of what she thinks is necessary and is not going to pass congress. the second amendment is clearly an emotional issue for many americans. supporters say it's about freedom and suggests tighter gun control won't prevent violence. >> you've got to remember that bad guys aren't stupid they're just bad. they're going to-- if they're intent on doing something bad they're going it figure out a way to get a firearm and use it. >> other than guns, those worried about the impact violent video games and movies have on young people today. megyn. >> mike, thank you. in that 2008 sound bite president obama went on to say, after saying i won't take your shotgun away or your rifle away, there are some common sense gun safety laws that i do believe in, but i'm not going to take your guns

away. now, this appears to be, you know, what he's going after, what he believes are common sense gun safety laws, but of course, the debate will be, you know, what's common sense to what person versus another and in the middle of the national gun debate comes a home invasion story out of georgia where a young mother was able to save her family from an intruder because she had a revolver inside of her house. trace gallagher live in the west coast news room with that story. >> it happened 30 miles outside of atlanta. home with her nine-year-old twins, a man began knocking on the door. she didn't answer because she didn't want to deal with salesmen, the suspect began ringing the door bell again and again and again and she called her husband, her husband called 911. she grabbed a .38 revolver and twins and ran into a nearby closet. they stayed in the closet and the suspect then broke into the house and began ransacking the entire house. he then walked upstairs, and

opened the closet door. listen. >> all of a sudden, the crawl space door opens where she and her two children are and she's face-to-face with this perpetrator who's in turn staring at her and her two kids, and a .38 revolver. >> what did she do next? >> she fires all six shots. >> reporter: all six shots, hitting suspect in the face and neck, and the suspect laid face down on the ground crying and the woman tells him if he moves she will keep shooting, but he gets up, stumbles out of the the house, into the car, drives away and crashes in nearby woods. the cops show up seconds later. the woman takes her twins to a neighbor's house next door to safety and the cops arrest the suspect and say the woman with the .38 revolver did exactly the right thing. megyn. >> megyn: it's unbelievable, that story. and called 911 and tried to lock the door, she tried to hide, protect the children, avoid confrontation and

confrontation was set on finding her. we are thank you, trace. we're going to bring in lars larson, he's been on a number of times, talking about gun rights and has said he's a proud gun owner and is concerned about additional crackdowns on the gun laws, now, .38 revolvers, i don't think would be within the scope of any new laws, right, lars? they're looking at more adult-type weapons not sort of personal home protection? >> well, except for this. remember that donny herman's wife who's name is being withheld from the police, i think is prudent, she's a very brave woman and did exactly the right thing. the problem is, she was confronting one intruder. if she'd been confronting three, she ran out of bullets on one intruder, and he was still able to get up, go out to the driveway and drive his car away. if she'd been confronting three people she would have been out of bullets way too early and that's one reason why most people, including most police officers, and most

people who care about protecting their homes, want a gun that's capable of holding more than that, and capable of reloading very quickly. this is what the president's plan will go after. and if you take the feinstein proposal which you can see on the senator's website, she would actually say that if you have a gun that holds more than ten bullets, you are not allowed to buy one after her plan passes, you're not allowed to sell it, not allowed to transfer it to a family member or a friend. not allowed to leave it to your children after you're gone. this is the kind of implication it has for american families to take away the right to own the kind of gun that they need to protect their home. this woman was very fortunate and very courageous, but this president wants to take away people's rights to own the appropriate tool to repel an invader or invader into their house. >> megyn: that's a fascinating point. i hadn't considered that. it was stunning to me that the guy is expected to be okay even though five of the six bullets hit him, and a .38 that's not like the tiny

ladies revolver, right. >> no. >> megyn: that's a substantial gun. so it's pretty amazing that he lived through that. you raise an interesting point, had there been a second intruder. if you're not sort of in the gun rights world, you think all right. six bullets, that ought to do it. >> well, megyn, here is the problem. too many people not familiar with firearms, unlike us, the folks like me that go to the range all the time. they watch a movie and he they say, one bullet will make the intruder fly backwards 50 feet and be completely incapacitated or dead. that's not the way it happens. when i've taken citizen's academy courses from the local police departments, they'll point out that officers will tell you, you can put a lot of bullets in a bad guy and he will keep coming at you. that's why they teach officers, shoot till the threat is gone. this woman did exactly what she should do. she tired center of mass apparently punched his lungs, stomach, liver, that's what he's in the hospital being treated for now and he still had the capacity to get up, go back outside and drive the car

down the street. >> megyn: what do you make of it, lars? is there any limit on, you know, magazines on ammunition, that you could get behind? >> the limits on magazines are silly. in fact, there are some great videos with gun experts who show if somebody has five, t ten-round magazines, the time between in very, very short, putting a limit on, 10, 15, whatever you want to pick isn't meaningful. somebody can change them. i have a feeling what the president and senator weinstein can do, put a limit on them, you can't buy, sell, inherit them and down the line they'll add more guns to the list and more limitations and americans will eventually be stripped of their rights to own firearms at all in any practical way and they'll go after ammunition. this is a perfect example why you want to protect your home,

you might need more than six bullets. she might have that. >> megyn: the of the course the president you heard in that sound bite he's not going after your gun, he wants sensible gun laws and it's going to come down what that means. >> if lips were moving he was lying. >> megyn: we'll see, a lot of americans support broad robust gun rights and politically question how far they can go with this, lars, thanks for being here, i've got to run. >> thank you megyn. >> megyn: whether or not you can fire for being too attractive, he's a good looking guy, he is job could be on the line, he needs to pay attention. look at him. in this particular case, however, is involves a woman who says that that's what happened to her, she got fired for being too hot. we will show you the picture and we will discuss how her case is now going to go to the state supreme court. and move over, greatest generation. today's college students seem

to think they deserve this honor, why they think this way and what it means for america's future. a fair and balanced debate. a national controversy breaks out over a smalltown criminal group, when they decide to bring street justice to high school students who may or may not have broken the law, we're not talking to the actual alleged rapist, but many other who are now under the public eye. up exin, we will speak with the state attorney general, mike dewine, out of ohio. don't miss this. >> just have a trial, a fair trial is all that matters. now, i think a fair trial and they should punish the people that were involved, not take it out on the whole community. hey, our salads.

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school party. protesters turned out this weekend over claims that this investigation has not gone nearly far enough because of worries about protecting one school's popular football team. that's the allegation, one the school denies. trace gallagher live in the west coast news room, trace. >> and megyn, you have the steubenville police, the jefferson county sheriff's department and athletes and coaches all accused of a coverup, just as you said, to protect their very coveted football program and this is getting very big-time national attention mostly because of this picture right here released by the hacking group called anonymous. it shows the victim being carried by his wrists and ankles by two young men. overall two 16 year olds have been arrested and charged and the group released the video showing several other young men joking about the the assault. watch. >> and she's--

(inaudible) >> that video there sparked a number of protests. people calling for more arrests. listen here. >> we all feel very strongly of this. as a parent of a daughter, as a woman myself, this absolutely unacceptable. >> reporter: but here is the deal. investigators have known about the picture and the video from the start. they have acknowledged the video and picture are appalling and stupid, but not proof of a crime. steubenville police interviewed 59 people in its investigation and called in the ohio bureau of investigation, the county attorney has now given full

authority to the ohio attorney general. the police have also posted a timeline of the case. summaries of ohio sex laws, and facts about the police force. the sheriff is now lashing out, saying that people are trying this in the media and on social websites, listen. >> this case is still under investigation. it will be under investigation until the trial starts. how do you support what you're saying? where is the proof? i thought newspapers were supposed to be able to, whenever they print, back it up with good, solid information, how could you do a story when someone's giving you information that's not even factual. >> reporter: the two 16 year olds who were charged in this case will be tried in juvenile court in the middle of february. megyn. >> megyn: all right. trace, thank you. for more on this, we're joined by the ohio attorney general, live from columbus. sir, welcome to the program. thanks so much for being here. >> thank you, megyn. >> megyn: so this case is getting a lot of attention and

people are really disturbed about it. tensions are running very high. the two alleged rapists have been charged, will go to trial in february in juvy. the protesters are upset because they believe the kid on the video talking how dead the victim was, alleged victim, and others need to be charged in this case. as the person who is now in charge of this because the local prosecutor had to be recused, there are a lot of local connections to the football team, or alleged connections, as the person now in charge, what do you say to those who want more charges? >> first of all, that video is just disgusting. i think what's really sad, all rape cases are sad or horrible, but what the victim has to go through, not only had to go through the incident, that tragedy, but now she and her family continue to be victimized, frankly, by the social media

that's out there and such things as that just horrible, despicable 12-minute comments by this man. >> but is it criminal? is it criminal? before we move on from that man, is it criminal what he said and did? >> well, first of all, there's no evidence that we could see that he was actually present when the rape occurred. i think that's a significant piece of information. it's brutish, it's insensitive, it's horrible, it does not necessarily mean that it is illegal. let me tell you where the case is. we became involved in this case, as you pointed out, in august, when the prosecuting attorney asked us because of a conflict, asked us to become involved. we're also involved assisting the steubenville police department through our agency. two people have been charged with very, very serious offenses. they will stand trial on

february 13th. that case will go forward in front of a visiting juvenile court judge who will come in and hear the case. evidence will be presented then. the investigation, overall investigation though does continue. it is active, it is ongoing. we're winding it down, but it's still going. and so, whether or not anyone else is going to be charged or not, i can't tell you that. we'll have to wait until the investigation is totally complete. >> megyn: now, i know that some -- i am told that the actual alleged rape was not videotaped, but that there is he' certain certainly pictures afterwarthat may be incriminati the two defendants and that certain folks who turned over said evidence to you have received immunity. is that true? >> no one has received immunity. no one has been promised anything. the case will be tried. i'm not going to try it in the

media or the social media or respond to rumors. the case will be tried in front of a judge who will look at all the evidence and we will present that on the 13th day of february. >> megyn: so, no one's received immunity so it's still possible-- >> no one has been promised anything. no one has been promised anything. >> megyn: i want to ask you, there's sort of a couple of different layers, there's the alleged defendants who are said to have raped this girl and their defense attorneys say they didn't do it. they appear to be generating a consent defense, saying she consented to the sexual acts and i believe your position is she was in no position to consent and she was completely passed out and that's not a personal can consent legally. in any event, they deny it. that's the first layer. and then there's the people who videotaped the girl, a then the people who passed around the pictures of the girl passed out. and the question is that layer of people, passing around

photos of a 16-year-old can be charged with a crime. your thoughts? >> i'm not going to comment about the facts of this case. i can just say that for everyone in the steubenville community and throughout the nation who is looking at this, this investigation continues. i think people should have confidence in the investigation. we were brought in to help in this investigation. i don't live in steubenville. our investigators are not involved. they are he' doing the investigation along with the local police. >> megyn: excuse me for jumping in one second, we're up against a hard break and want to carry this over and give you a chance on the other side of the break. and i'll ask you about it, and a lot of people say the football team is in steubenville, saying that everybody has clammed up and not being honest. [ male announcer ] alka-seltzer plus presents the cold truth.

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the aftermath of that. there's no part of this case that we're not looking at. it is an active case, it's

ongoing. we're still interviewing witnesses. >> megyn: is the alleged victim-- sorry, go ahead. >> no, go ahead. >> megyn: is the alleged victim able to help you? because they said that she was so passed out, she was really incoherent and couldn't remember the evening. >> well, i'm not going to comment about the state of the evidence. that will come out at the trial. but i will say certainly the victim has been very cooperative. i would also say that we've had many other people who have been cooperative, seems to be sort of a rumor going around that people have not been cooperative. we've been able to interview many, many witnesses and to gather the facts and the evidence. our ultimate goal is to find the truth. that's what a prosecutor does, you find the truth and present it to the court. >> megyn: what of that? for folks that don't know, steubenville is a small town, increase in net income, $33,000 per person there

significantly lower than the national average, the steel mills there that use today run the town and coal has taken a beating. big red football is huge and seemed to dominate and uplift the town. so there is an allegation that people have clammed up, that these two guys facing charges were football stars, they obviously lost their season, but there's a question about whether others on the team, perhaps, are being protected because of their star football roles. >> well, first of all, this is -- this is a great community. these are great people. i've spent a lot of time there over the years and represented steubenville as well as the rest of the state for many, many years. it's a good area, it's good people. but what this case is about is something that happened, an incident that happened and we allege there was a rape that occurred and we believe we can prove that, but ultimately that's going to be up to the court to make that decision. as far as the allegations that

football has anything to do with the investigation, football is big in steubenville. steubenville, as big in jefferson county, it's big across the state of ohio, but really has nothing to do with the facts of this case, nor does it have anything to do with how we are handling the investigation. we're handling this investigation like we handle any other investigation. i'll tell you, the attorney general's office gets called in to many counties in the state where there is either a conflict or where various problem with not enough resources locally, so this is not that unusual. >> megyn: no, it's not unusual. >> for the attorney general's office to be called in. >> megyn: quick question and answer if you can. if these guys get convicted in juvenile court and they're both 16 years old or thereabouts, how much time -- how would that work? >> well, first of all, they're being charged in juvenile court and that charge is delinquency charge under ohio law. we allege the underlying crime is a rape crime, so that would

ultimately, if they're convicted, and we have to have a trial first, that decision about what would happen with them is entirely up to the judge. >> megyn: but can you give us a range? are they going to go to jail allegedly-- >> no, because it's --. >> megyn: would it be two years until they're 18 and then they're out. >> no, this is in juvenile court and this is up to the judge, i'm not going to go beyond that because that's not my job, that's the judge's job. >> megyn: okay. all right. >> my job is to present the case. >> megyn: i think we're curious, i have to confess to not understanding fully how all juvenile courts work. my understanding normally you serve time only up until at most age 21 and then you're out. >> again, this will be under ohio law and based on the judge's decision. a decision was made, you know, these kids potentially could have been bound over to the grand jury and tried as adult, but the evidence -- not the evidence of the case, but evidence in regard to their

background was simply not there, and therefore, they're being tried in juvenile court. >> megyn: yeah, these are not said to be habitually bad kids, but obviously the allegations are very serious and i do want to stress they deny it and these two boys say they did not rape anybody and we'll see how the justice system plays itself out. thank you for being here, mike dewine, all the best to you. >> thank you. >> megyn: still ahead, she claims her boss fired her for being irresistible and now the judge decides with her boss. now, the case is going to the state supreme court and we've got exhibit a in kelly's court. wait until you see it. and tom brokaw may have to write a new book after today's youth believe they are in fact the greatest generation. how we got here and what this might mean for the country, next. . >> german prisoners by the thousands surrendered to the allied arms and it wasn't long before a liberated paris was

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so, what are you waiting for? go call now! we'll finish up here. >> the beaches of normandy were consecrated by the blood of our heroes, british, canadian, french and american, the g.i.'s in by far the greatest numbers. to cannes over 60 miles at

omaha beach took its place with gettysburg and valley forge in our history. >> megyn: the successful allied invasion of normandy and d-day and what many believe is the greatest generation. a new survey of college students seems to suggest that today's young people believe they are the greatest, not the first type of college survey to suggest that, but the numbers in this particular research show what we're told is a surging sense of self-worth and guess what? the survey also shows it may not be well-founded. joining me now to discuss it liz stern parenting author and blogger, and jason dorsey, and author of why wise your business and the doctor, author of boundaries for leaders. fascinating, doing this since 1966 and apparently, this year's survey shows an unprecedented level of self-infatuation and it isn't well-founded. i love this part. that there is a disconnect

between the students' opinions of themselves and their actual ability. now, it's one of those things you don't really need the researchers to tell you. if you know anybody in this age group right now, but what is really going on here? liz, i'll start with you. >> sure. i think what's happening, these children truly have a sense of entitlement these days and it's the parent's opportunity and parent's responsibility to start at home at an early age, teaching their children that hard work will pay off in the end. however, you need to do that hard work in the beginning because luck doesn't just find you, it doesn't just happen for you. you need to start at a young age, practicing and teaching your children that everything doesn't just happen to you or come to you in life. >> megyn: sometimes you work hard and you don't get great results, but these children seem to believe that they are getting great results even if they don't work hard. in fact, the survey spoke to the fact that some of them may be a little bit lazy and yet,

they don't see themselves as lazy. i mean, you can work as hard as you want and you might need a parent to sit you down and say, you're not doing that well. you've got to try harder. get you a tutor, get you classes, you're not as great as you think you are. >> yeah, i think that liz actually has well-intentioned point, but it's kind of backwards. what got us in this situation are our parents. they are the ones who say-- gave us a ribbon, a trophy, told us we're great and then, those of us that went to college, our parents are helping us out and say as long as you're there, we'll help you. you know, just finish and then 80% of you graduate and move home and our parents take us back. so, the missing point here is that we haven't been taught to connect effort with outcome and to think that it's just going to suddenly change like we're going to wake up and go, oh, i'm going to put in the hard work, it's not going to happen. i think my generation, we're in for a rude wakeup call when we get out there and hit the real world. >> can i make a co really quickly. >> megyn: go ahead. >> growing up i always had to

work, i always had a job. that was instilled in me from a very early age. my parents-- >> but we have the lowest employment right now ever. >> doesn't matter, do something. there's something for you to do. >> megyn: let me jump in we don't know what we have, jason sort of alludes to us, dr. cloud, there are no losers, second place is still winning, which is such total b-s. no it isn't, only one person wins the race and try to explain to my son who is-- i say, maybe we could all win. no, we can't. there's only one winner. >> eye on the prize. >> where are the tigers moms when we need them. look, here is the whole deal. kids feel good about themselves they're taught to be confident and because they're loved. there's an old saying that immature people ask for life to meet their demands, mature people meet the demands of life. so, jason, i don't know, you know, where it came from with all of this and who is enabling whom, but ultimately, the big story here is that

their self-appraisal is higher than the appraisal of people around them and whenever you get that disconnect you've got to get them in a dialog which is where i think you would have a major, major place here to talk to the generation learning you've got to of take your stake holders and make them as happy-- >> i agree, but doctor-- >> jason, let me ask you to speak to this point. they say in terms of your parents and what they tell you. all parents want to say, smart, good job, honey, you want to build your child's confidence, but not, not too much, i guess. i don't know, these students are much more likely to call themselves gifted in particular in their writing abilities, but turns out far less than. >> and reading, too. >> megyn: jason. >> a point i think you're missing, one, i agree with you, doctor, completely. the group that's ironic, what

happens to these kids happens to be the parents. if you look where that came from. megyn, you're great and here is your ribbon and trophy and the same parents what happened to them? i don't know, here is a ribbon thanks for showing up. and we've got a piece that i think we've glossed over. the other part-- >> wait a minute, what-- >> jason, what does somebody do with that if they're 25? if you say, well, now, your parents taught you expecting. so what? now, bosses are really going to expect things and what we've got to do and i see this as a leadership consultant in companies. what i help leaders do is how understand how to bridge that gap and say look, we love you and we're for you, but also take some results on your part. we're going to be in a dialog. >> megyn: i want to get liz in, ask you about the point, these kids work less, but say the drive to succeed is higher. they want to succeed, but don't want to work hard.

>> the deal, they really want to work hard and succeed, let's see it. i have interns that come to me all the time that want to work and want to tell me their hours and it will me how much they want to get paid to work pass an intern. how much i should be feeding them for lunch, how much it's going to cost, what their transportation costs are, i don't know, when waist an intern and i interned every summer throughout college i never got paid, i worked overtime, never thought to ask for anything. i think there's just a disconnect today with what these-- their expectations are. >> megyn: yeah. >> and for one, you can't do free interns anymore, they've come in and said you cannot do that. you've got to pay them money and people are getting audited left and right by the irs for that. so, that's gone. but the other part is you spoke to it, what it normal. normal what's the condition is that the fact that it's going to be a different entry into the work force, great grades i'm going to be a manager, i think that's ridiculous, but the reality is. >> thank you. >> our generation is entering

the work force later than ever before and keeping records, graduated from college later than before, married, having kids, the traditional markers who say you're an adult have been pushed back, so when we look at them and go, gosh you're 18, 21, 25, you should know better the rub is that we actually may not. now i'm not defending them, not saying it's right, but i'm just saying that's the perspective that-- >> i can relate to liz's point about the work ethic, when i-- let me jump in give you the last word, doctor. when i worked, there was a young lawyer, when i was more senior. hey i want to you work on this case and help me on this brief and he said i'd love to, but i'm kind of in a happy place with respect to my workload right now so i really can't help you out. yeah, get unhappy! >> i'm listening. >> or you're going to be unhappy soon. dr. cloud, the last word the. >> there's a simple formula, here is what's required and here is what you've got to do to step up to make everybody

happy. if you don't want to be happy with that workload, be happy working somewhere else, but parents and companies have to have requirements and help people meet them. >> 100%. >> megyn: i'll tell you, give you final anecdote, my mom who is famous for her frankness with all three of us. i said to her later in my teen was i smart in school growing up? she said, no, you were about average. honesty, that's what we need for today's generation. thank you. average. she says he said she was too irresistible, so he had to fire her and what the supreme court just ruled next in kelly's court. [ male announcer ] in blind taste tests, even ragu users chose prego.

prego?! but i've bought ragu for years. [ thinking ] wonder what other questionable choices i've made? i choose date number 2! whooo! [ sigh of relief ] [ male announcer ] choose taste. choose prego. >> kelly's court is back in session. on the docket today too irresistible to stay employed. meet melissa nelson, a dental assistant with a decade's

worth of experience fired by her boss because he believed that she was quote, a threat to his marriage. just days ago, on friday, the iowa state supreme court made up of all male justices ruled that nelson's boss, dr. james knight, was within his legal rights to fire her. while the pair reportedly did not have a sexual relationship, dr. knight apparently made some racy comments to ms. nelson via text, his wife got wind of it and ordered him to fire miss nelson. nelson says that was illegal sex discrimination, but the iowa supreme court says no it wasn't. hmm. joining me now lis wiehl fox news legal analyst and mark eiglarsh. it raises an interesting issue, and normally when you don't have an employment contract, fired for anything, fired for being attractive. fired for being unattractive. brown hair or whatever. she didn't have an employment

contract, but she says it's sex discrimination because of her looks and his attraction for her. did the court get it right? >> the court got it absolutely wrong on this one, iowa supreme court and the lower court before that. this is absolutely gender bias discrimination, most the cases we've seen before have to do you're too bad, not attractive in someone's eyes, too old, something like that. this is reverse of that. this is gender bias discrimination, a great employee for ten years, they had no-- undisputed and no relationship. and the problem is the dentist not the assistant. it's his fault if he can't keep his hands, not hers. >> megyn: she's looking professional, no allegation she was trying to, you know, titillate him or anything like that and starts getting texts from him, described as mostly mundane except for the ones asking how often she experienced, you know, pleasure, let's leave it at that. >> you can say it.

>> megyn: no he, i can't. it begins with an o. leave it at that. >> okay. >> megyn: because he starts sending her text messages and developing attraction for her, she's got to go? >> well, yes and no. first, i agree thoroughly with lis, the problem is this guy. however, there's a difference between what's unjust and what happened to her was clearly unjust, and what's unlawful. this was unjust, that she hadn't brought this on herself, but it wasn't unlawful, if you read the opinion by the supreme court of iowa. >> megyn: why not? >> there's tremendous precedent, tremendous precedent because title vii of the civil rights act makes it unlawful to discriminate based on gender. a distinction saying that women are the problem they should be fired or what the iowa supreme court found was that this particular woman is a problem because right or wrong, justified or not, she poses a threat to the marriage. and that was the basis for him firing her. >> what about that, what is

the dentist supposed to do when he feels attraction for her, he's a married man and the wife says she's got to go and the law says you have to keep her in your employ? >> yes, it does and i'm looking at the opinion right now. the court absolutely got this wrong. section 2116 of the iowa code says it's unlawful to discriminate based on sex and may have a devastating impact based on sex. >> it's not. >> the cases that the court cited that you brought up had to do where an employee and an employer had a consensual sexual relationship. that didn't happen here so those cases aren't on point. >> would the position be the same, a male employer found a male employee too hot and fired him. >> megyn: hold that thought and lis will answer after this break. just because of an accident. smart kid. [ voice of dennis ] indeed. are you in good hands? hi, i'm ensure clear...

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>> all right. lis, the question was if this

had been a male who was too attractive to a male employee would that change the situation? >> no, it wouldn't. i mean, it'd still be gender bias and discrimination if the dentist were attracted to another man and for his marriage, and the only reason that he fired-- >> let me ask you, lis. what should the dentist do, he consulted with the pastor, and the wife and the pastor, and-- pastor doesn't make the decisions or the wife. maybe go to the pastor and marriage counseling and realizing more that has nothing do with the poor woman who is doing her job for ten years and wholly apart from here and completely illegal here. >> megyn: go ahead, mark. >> i don't disagree that this guy's lack of self-control and his defects in personality, those need to be addressed. i feel for this woman and her family. the legal issue, however, is this because she was a female and they addressed it in the lower courts. >> yes. >> and the tactful facts were

there were texts by him and her on personal issues not just-- >> hold on one second, lis, those were the factual findings made by the lower court and once those factual findings were made, there's a legitimate basis then. >> no. >> other than her being a female on the basis of the findings. >> wait a second, mark, he's the one that sent the text and she's responding. >>. >> i agree, it's not who do you like better. >> megyn: she made one comment about the infrequency of the sex life. he said that's like having a lamborghini in the garage and not driving it. >> she's better off, and-- >> we agree there. >> she's going to find employment, but she was replaced by another woman. was she fired because she's' woman or because she was a woman he was attracted to. >> that's not her fault. the poor woman should lose her

job she's too attractive to this guy. and what's an employer supposed to do if i had a wife i'd want her gone. >> i'd be, you know, if i were mrs. nice, i would say i want mrs. nelson gone and apparently the husband of mrs. nelson called the dentist and why did you fire my wife, and the dentist i thought i was going to have an affair with her and the husband went away. >> it's his fault, not hers. why are we blaming the victim here. >> she has the burden of proof. >> megyn: she lost her case, but ultimately won with the long-term results. thanks for being here, we'll be right back.

>> megyn: so the woman in is actually seeking a rehearing from the iowa supreme court. not much chance of that but one never knows. thanks for watching. i'm megyn kelly. here is shepherd. >> how is the arm feeling? >> megyn: not so bad. >> beats the flu. >> shepard: studio b today injuries the president named

nominees as they walked in today to lead the defense department and central intelligence agency. they face hurdles on the way to confirmation. the movie massacre suspect james holmes appearing in court in front of a judge today and what happens will help determine whether this case ever goes to trial. and in about five and a half hours, the fighting irish of notre dame is set to take on let me tell you about alabama. an attempt to win their first national title in more than two decades for the irish and for the sec to continue its dominance. that is all ahead unless breaking news changes everything on studio b. the president announced picks for the secretary of defense and the next cia director. >> i'm proud to announce my choice for two key members of the national security team. chuck hagel for secretary of defense and john brennan for director of the central

intelligence agency. these two leaders have dedicated their lives to protecting our country. i'm confident they will do an outstanding job. i urge the senate to confirm them as soon as possible so we can keep our nation secure and the american people safe. >> shepard: if confirmed former senator hagel will teak on for leon panetta. brennan would fill the cia vacancy left by david patreas. john brennan faceds questions for enhanced interrogation programs better known astor tour and targeted killings. wen doll is live from the white house. sounds like there is a tough confirmation process ahead. >> tougher for hagel than for