>> well, a very special delivery for one mom in texas because she gave birth to four baby boys minutes apart. doctors say they are not quadruplets they're two sets of identical twins born on valentine's day and mom didn't use fertility drugs, the chance of happening naturally 1 in 70 million. >> and more kids around the house, and the cowboys out there. >> and start saving for the college funds now. >> "america live" starts now. >> megyn: fireworks, partisan

politics and class warfare, and president obama tries to pressure them into a deal that would prevent the automatic spending cuts the president backed from hitting next week. welcome to "america live" i'm megyn kelly. here is president obama earlier today at the white house surrounded as he is prone to do, likes to surround himself with the special interest groups if he didn't get what he's pushing for. and in this case, it's first responders. he directly called out republicans, suggesting they, and keep thinking that this is something the sequester deal that bob woodward reported came from the president. in any event he agreed to it and so do the republicans and now the president is saying the republicans are the ones putting american job security and even lives at risk. >> emergency responders, like the ones who are here today, their ability to help communities respond to and recover from disasters, will

be degraded. border patrol agents will see their hours reduced. fbi agents will be furloughed. federal prosecutors will have to close cases and let criminals go. tens of thousands of parents will have to scramble to find child care for their kids. hundreds of thousands of americans will lose access to primary care and preventive care like flu vaccinations and cancer screenings. he says that's all because republicans want to avoid raising taxes on the rich. well, moments later, the top republican in the senate hit back, arguing this is nothing more than a campaign event this morning and singling out president obama saying surely he won't cut funds to first responders, when, for example, 11 different government agencies are funding 90 different green energy programs, suggesting if something needs to be cut, it doesn't have to be first responder salaries and the president had some leeway

there. joining me now chris stirewalt, power play on foxnews.com. and listening to the president, you would think he had nothing to do with the sequester, that was forced on him by the evil republicans. not only did he sign it, it was his idea. >> it was his idea and the idea of jack lew the president wants to be treasury secretary. not only that, he's the one in charge and his department head and agency heads are the ones who make the cuts and so as the minority leader pointed out. who gets fired or where the money goes is up to him. he's the one that decides. what he's saying is, yes, perhaps you could cut green energy or solar panels or subsidies for different interests or whatever else, he says no, i'm going to do this first and cut funding for local government to keep their fire stations open and endanger people's lives. i think this qualifies at the

definition of chutzpa. >> the folks standing behind me here, the firefighters are going to lose their jobs because that's what my priorities are as president. i get to decide who goes first and i'm telling you the people behind me who have taken the day off of to be with me, they're the first ones to get the ax because that's what i say and somehow he posits it all as the evil doing of the tax-hating republicans. >> that's right, the republicans would rather see people's homes burn to the ground than they would increase taxes on millionaires and billionaires and the rhetoric is going to get intense and more intense between now and the end of the month when the sequester comes in. because remember this, this is so key to this understanding. the president likes federal spending and especially related to hiring workers and that's his preferred brand of stimulus. if you have the sage numbers in the fourth quarter of 2012 ap the president now sees at that any amount of reduction

and spending, because remember, these aren't cuts, these are reductions to scheduled increases in spending that any he reduction to the increase in spending is bad news for the economy and he's trying to pump every nickel that he can out of public coffers. >> neil cavuto was talking about this the other day, neither the republicans nor the democrats like the so-called sequester and just for our viewers probably know already. 85 billion dollars in spending reductions, i guess. >> right. >> that have pain for both sides. a big defense cut and then cuts to domestic programs, so, the republicans don't like the former and the democrats don't like the latter. so there's plenty of pain there for both sides. but he was talking about the side that look at consternation over 85 billion. we've got 16 trillion going on 17 trillion dollar debt and they can't come anymore close. they're so outraged over this 85 billion about to be cut and can't reach agreement and demand more tax hikes and demand that cuts come from

elsewhere. and this doesn't bode well for that 16 going on 17 trillion dollar debt, chris and any leadership, really, from anyone on tackling it. >> well, bowles and simpson are going out and-- >> those are the guys with any courage in washington. >> they're not in office anymore and they're pitching the plan and they might as well be talking about flying us all to the moon. the atmosphere in washington, the reality in washington, as you say, is that if the president is willing to go to these lengths ap and accuse republicans of literally allowing homes to burn rather than tax millionaires and billionaires, if that's where we are now, the prospects of the big deal that includes the trillions and trillions of dollars that need to be addressed to get our credit rating back and get things stabilized, no chance. >> megyn: it's not going to happen, it's not going to happen until, i mean, basically we need entirely new people in washington from top to bottom.

soup to nuts. i mean, because the people who are there, on both sides of the aisle, show no appetite for doing this and paul ryan looked at a plan and nobody has the courage to follow through on that. what's going to happen with the 85 billion. right now seem to be in a standoff and the democrats and president are saying no deal unless we have another round of tax hikes, another round of tax hikes on the so-called rich in this country and that's what they say, as you saw in january, it's not just the rich that saw the taxes go up. 77% of americans saw the taxes go up and you never know. and close loopholes that affect the rich and without that no deal. and the republicans are saying, you've been, you know, sucking down the helium balloons. they're not going to have another round of tax hikes, a couple of weeks after they had a massive tax hike. >> well, i suspect that what will happen is that the sequester, the cuts, because of the growth of spending, will go into effect for a couple of weeks. and you will see these

reductions and outlays and then the pressures mount on democrats who love the spending, they want to borrow more to tax more and spend more and they think that will grow down the economy. >> they're not going to use the money to spend down the debt. there's no way to pay down the debt because we're running a deficit. we're a trillion to the bad before we start getting to the good. so, the deal is that it will efd of the month, comes up. continuing resolution, that operates the government for absence and the budget and with that occurs, they're going to have to do a deal before the government starts shutting down. >> and that's when, that's when the firefighters start getting laid off according to president obama. i mean, this is not the first time we've seen them do it, right? we've seen it regarding the doctors and children after newtown, and there's been a long list of constituents that he brings out and he's done it with some success, but this one is particularly ironic given that it will be his

decision, his idea in the first place and ultimate decision, and it's those guys and gals actually get a pink slip coming up. >> you've got to love it. >> chris, thanks. >> you bet. >> megyn: well, later today at the white house, a reporter pressed white house spokesman jay carney on the looming cuts, asking why if the consequences are so dire, the president doesn't just pick up the phone and talk to the republican leadership. here is the press second's response. >> we are in regular communication with congress on a variety of topics including this. i don't have any calls or communications to read out to you, but this is not a complicated piece of business. the broader issue of further deficit reduction in a balanced way will require time and that's why it's so important for congress to move forward with the temporary postponement. >> megyn: now, some of the proposals are kick it down the road and don't deal with this sequester and these cuts right now. kick it down the road a little bit. mr. carney went on to insist

that the white house is actively involved. again, the deadline for all of this is march 1st. so it's right around the corner. a new bombshell report raising concerns about a secretive chinese military unit. a security firm now says the unit is stealing massive amounts of data from companies and organizations right here in the united states. our chief intelligence correspondent catherine herridge has the story live in washington. >> thank you, the report from the cyber and security research firm in the washington area lays out a compelling case that the cyber attacks from china are directed and sponsored by the chinese military and links cyber threat to china's second bureau to the people's liberation army and you see it headquartered here. the evidence according to executive who oversaw the new research is embedded in the hacker's electronic trail. >> when you look at the totality, it's overwhelm, when we looked at them logging into

the attack infrastructure and they launched attacks, 98% of those were coming from china and 97% of the log-ins, using by the chinese. as a character set and you realize all of these attacks are emanating from one building in shanghai and pretty ease toy draw a conclusion based on that. >> reporter: the ranking members of the intelligence complete briefed on the cyber threat. the u.s. is losing 300 billion a year in trade secrets and techology and amounts to lost jobs for americans. >> i've never seen anything so rampant as i have both on the espionage front where nation states like china are stealing intellectual property at a breath-taking pace. >> estimated just last year that our country lost over 300 billion dollars of trade secre

secrets. >> reporter: and today reports-- response, rather, from the chinese ministry we have stressed many times that hacking attacks are trans national and anonymous. determining their origins are extremely difficult we don't know how the evidence in the report can be tenable and the chinese portray themselves as victims of cyber attacks. the new executive order we put on your show last week, megyn, this will go some way to addressing the chinese threat and ramp up the sharing of threat information between the government and private entities, with the idea that when there is an intryin in inte can raise the bar goose the industry. >> a moment that made big political headlines, remember this, president obama slamming the supreme court back in 2010 and justice alito was oply disputing the charges while they were feet away from each other and the president then accused a recent supreme court ruling at the time opening the flood gates to special interest groups and their money in our politics. >> last week, the supreme

court reversed a century of law that i believe will open the flood gates of interest. including corporations to expand without limit in our election. i don't think an american election should be bank rolled by america's most powerful interests. >> megyn: well, fast forward to 2013 and some of the president's biggest supporters now say he's he embracing that very idea and those supporters say this is a major scandal. we investigate. plus, it's one thing to have a song stuck in your head for three hours, imagine thee years. it's happened to this woman and we'll tell you the song and why. and defending themselves from a would-be rapist, a state lawmakers said a women should not have a gun, but should rely on whistles and campus safe zones instead. when you have diabetes...

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>> president obama coming underfire for alleged

hypocrisy today as his former campaign apparatus which is a tax exempt group now plans to raise unlimited funds from corporate and other donors to help push the president's agenda. some of the president's former supporters say this is a serious scandal. joining us now the president and ceo of citizen's united and foundation. our viewers may be sitting there saying, that sounds familiar, why does it sound familiar? it could be, david, this is a case the president hates. it's a case that you were involved in. that your group citizen's united and went up to the supreme court in 2010 and a question whether corporations could push all huge amounts of donations into presidential politics or whether they couldn't. and that's very oversimplified, but the president lost on that and the ruling was that corporations and unions for that matter could make these big donations and here is the president in

2010 ruling on that decision that you won. >> last week, the supreme court reversed the century of law that i believe will open the flood gates for special interests, including foreign corporations to spend without limit in our elections. >> i don't think american elections should be bank roled by america's most powerful interests, or worse, by foreign enemies. they should be decided by the american people. and i'd urge democrats and republicans to pass the bill that helps correct some of these problems. >> and as recently as this past summer he was pushing for a constitutional amendment to overturn citizen's united and what a difference a few months or years make, david. now we find out his former campaign apparatus, jim messina, all the guys who helped him get elected saying unlimited donations from corporations, welcome here. the more the better, bring it

on. your thoughts? >> well, what a difference an election makes. look, he won in 2008 and back in 2008, actually in 2007, he said that he would accept public financing, he did not. he realized that he could outraise and spend john mccain in 2008 and so he went back on his words there. he took corporate money into the inaugural committee. i don't care that he's flipped his campaign into a c-4 and going to do political operation toss help his agenda, but let's be honest about it. instead, he's a hypocrite and now, his left wing, you know, allies who have been very supportive of him over the last several years are now coming out to say, well, he really shouldn't do this. but, the hypocrisy is so thick, it's dripping, it's kind of entertaining. >> and citizens united whether you could spend money on elections and a candidate, right, and this -- and this group is going to take money

to push an agenda, to push policies which there is a difference in that legally, but this group. >> oh, certainly. >> megyn: but this group, you refer to it as the c-4, that's not-- that's a tax exempt organization and there are already some republican lawmakers saying, all right, if you're going to take unlimited corporate donations into a tax exempt entity that exists solely to push the president's agenda shouldn't we be honest and say the organization is really about pushing politics and not getting taxes exempt? >> well, let me just say this, megyn, citizens united is a c-4, citizens united is a nonprofit corporation that does political activities all across the board and has for 25 years. the heritage foundation has the c-4 and groups on the left have c-4's and it's been that way forever. the only difference here that the campaign committee. the actual campaign is now flipping to become a c-4 and that's why politicians are going to grab onto it.

i urge all the politicians on both sides to slow down and think about what they're doing because they-- whenever they rush into something, they tend to make bad policies. >> megyn: well, the president says he's going to disclose the donors of this group and so we're going to know who they are. so if there's any, you know, pay back, if a corporation makes a big donation into the tax exempt group and then david plouffe and who is the other one, jim messina argue on that corporation's cause and president obama does something that then pleases that corporation, then we'll know because he's going to disclose the donors. >> well, i think we will. whether they have any direct relation to what jim messina is doing. look, i don't want to besmirch these guys either. they haven't done anything wrong. what i want to say is president obama is a hypocrite. because he said four years, many, many years that he would not do this. and now he is, and that's really the issue, this guy

will do and say anything to get elected and now do and say anything necessary to get his left wing, radical agenda passed and if that takes raising hundreds of millions of dollars through this new c-4, he's going to do it because he knows it helps his legacy and helps his legislative agenda and that's what this is all about. >> megyn: it's interesting to hear some of his, the groups on the left call this huge potential for government corruption, a scandal, they want him to reverse himself. we shall see, dave, thanks for being here. >> thanks for having me. >> megyn: coming up, a medal designed for military heroes, medal is. should pilots of drone be given for line of fire on the ground. and ever had a song stuck in your head? how it happened for three years, we'll tell how it happened.

>> well, the duchess of cambridge stepping out in public today for the first time this year and now we're getting our first look at her baby belly. if you squint hard you might be able to see a little tiny something. and just the second time we've seen her since the world learned she's having a baby and kate middleton looking as lovely as ever and showed off her tiny little baby bump. she'ses so thin and her first pregnancy and boy, oh boy, she looks terrific. >> she was visiting a london home for addiction, and the prince or princess is due in july. and i don't want to show you the comparison between her belly and line, becaumine becau about the same length along. it's not good for me. well, new details after

fascinating medical case involving a woman who says she has had the same song stuck in her head for three years. and i cannot imagine. we've had it happen, but three years. >> right, three years, they call these things ear worms because they tunnel inside your brain and just kind of stay there and they won't let go. this woman over here is 63-year-old susan roots and her ear worm is the 1950's patty page classic "how much is that doggy in the window"en the official term is contintini like having a radio in your head for it to go away. and normally when you get those it's a song from your childhood and in fact her favorite song when she was a child, anybody else here, was how much was that doggy in the

window and she says she's tried everything to get rid of it. even a hearing aid implanted in her head and it didn't help and doctors say they're baffled and hope it goes away on their own, megyn. if you had to have a song in your head the rest of your life. which would it be? >> not that one. what was the one we couldn't get it out of our heads and some of the commercial jingles stay with you. like ♪ 800-588-2300 empire ♪ that one. >> reporter: a classic. >> megyn: and my kids love chitty chitty bang bang. ♪ the old bamboo, the old bamboo ♪ . >> reporter: . >> reporter: gilligan's island. >> megyn: gilligan's island? not really. >> reporter: for me, for me. >> megyn: anybody else? >> reporter: into the mistic

my producer. >> megyn:. >> megyn: the mist. >> reporter: great van morrison, into the mystic. >> megyn: i'm quoting chitty chitty bang-bang and she's quoting van marson, no cool here, it's official. thanks, trace. >> reporter: you bet. >> megyn: what was it, john, what was that song we couldn't get out of our heads? i can't remember. i -- i anchor special coverage on political events and bret baier and i have coverage and young kids in our head and we get out there on election night ♪ dora dora the explorer ♪ he looked over at me and parents will appreciate it ♪ this is serious ♪ >> let me know, i'm megyn kelly. coming up a little bit more serious turn here. olympian oscar pistorius defending himself in an extraordinary move. he submitted this detailed

affidavit laying out exactly how he came to shoot and kill his girlfriend, model, this model here reeva steenkamp and we'll hear from the lawyers whether he did the most foolish thing a criminal defendant could possibly do. we'll talk to him first and dr. keith ablow inside the minds of these two people here and the white house backed an immigration plan that g.o.p. lawmakers really said is not going to help the bipartisan deal emerging on capitol hill. in 1986 president reagan signed his own law, and michael reagan with lesson his father learned and we all could learn from that battle. and a woman's right to protect herself sparked by a controversial comment women shouldn't be allowed to have guns on campus and should rely on whistles and safe zones

because they may really not understand, really, what's happening to them. >> you don't know if you feel like you're going to be raped or if you feel like someone's been following you around, or if you feel like you're in trouble and when you may actually not be.

>> well, new controversy over a woman's right to defend herself as the colorado house of representatives narrowly pass add package of gun

control bills including one bill that would make it illegal for people with concealed weapons permits to carry guns on college campuses and one state democratic lawmaker say that women who fear they are about to be raped shouldn't have access to guns because they're apparently too unreliable to know what's actually happening to them. >> that's why we have call boxes. that's why we have safe zones. that's why we have the whistles. because you just don't know who you're going be to be shooting at and you don't know if you feel like you're going to be it raped or feel like someone's been following you around or if you feel like you're in trouble, and when you may actually not be, that you pop out that gun and you pop -- pop around at somebody. >> megyn: well, in the wake of the controversy that followed that remarks said he's sorry if he offended anyone with the

remark, but the sentiment. at the same time the university of colorado and colorado springs put out a bulletin, moments after the house of representatives passed this bill saying no more guns on college campuses, so, the university of colorado puts out a bulletin advising women what to do. tell your attacker you have a disease or menstrating or vomiting and urinating convince the attacker to leave you alone. and you can imagine the reaction. and a fox news contributor and chris plant. let's state with representative salazar, i understand what he's trying to say, i understand you can make a mistake and shoot somebody who isn't trying to hurt you because you're scared and acting out of fear, but it came out all wrong and the notion that, you know, i'll start with you on this, lessy, the notion that women in

particular are so hysterical. this is what his critics are suggesting he was saying, that they can't really be trusted to adequately judge when they're about to be raped and when they're not. he hasn't backed off that notion that women can't be trusted to make the right judgment call. >> and megyn, this is one of the reasons i always say i'm a woman before i'm a democrat because i have heard men on the left and the right make disgusting and offensive remarks when it comes to women, when it comes to our emotions, and when it comes to our ability, whether it's able to handle a combat role, whether it comes to rape, being able to get pregnant if you're raped, et cetera. so, i -- i am quite frankly not surprised because to me it's not a political issue, it is a gender issue and this is the way many men left and right feel about women and in 2013, it's disgusting, it's shameful. >> you know, chris, i remember on campus in syracuse

university where i went. there was a huge spike in rapes when i was a student there and all we had were the call boxes he's referring to. there were blue lights they look like telephones across campus and if you found yourself chased or under attacked by a rapist, and certainly couldn't have a gun on campus, the only option was to run and try to pull the phone off the phone hook. you can't carry mace, you can't do anything legally on campus there or in most places here in new york city. so the answer from this guy in the house in colorado is, i mean, the college campus in colorado springs is saying, urinate on your attacker. i mean, that's what women are left to consider. >> the whole thing is pretty amazing, isn't it? and leslie, i think it would be a political issue rather than a gender issue if the gentleman involved were a republican and he was talking about legitimate fear of rape. >> no, you're wrong. >> well, okay, but if it was a legitimate fear of rape that he was talking about, maybe

you wouldn't do it, that certainly would be the story line if this guy was a republican, it would be embl emblematic of everything that the republicans say, but he sounds like in the rules he's offering up for self-defense, which is not self-defense at all, are absurd. they sound like they're coming from the university of riyadh in saudi arabia, like they're coming from the 1920's in the united states of america and the idea that the best way to keep women safe is to disarm them, announce that they will be disarmed, so there's no deterrents whatsoever, run to a call box and wait for somebody to show up and save you, which will probably be a man with a gun, or possibly a woman with a gun and i'm not sure whether this guy is rare as you mention, there are women in the military, women who are police officers, women tend to shoot better than men, if you know anything about shooting on ranges and so on. women are naturally, for some reason, no one can explain to me, better shots than men as a rule.

>> and statistic show in the vast majority of cases where the person pulls out a gun they brandish it and they fire a warning shot and usually use it to threaten the bad guy coming out as opposed to necessarily shooting it. i understand that the university is trying to say, i think, if you're in the situation, where you're confronted with a rapist, these are things desperate measures you might consider to try to stop the rape from taking place, what i think they're trying to say by the crazy suggestions, the irony comes on the fact that they did it moments after effectively disarming women who have the right to conceal and carry in colorado from the campuses essentially. >> well, colleges throughout the country have the right to set their own rules, just as states around the country. not every state around the united states has a conceal permit. let me give you somebody as somebody who was raped 19 years of age and would not have helped me.

and i had taken self-defense courses and one thing i've learned, if you don't have a gun, your gun is taken away from you or away from your body uyou do have weapons and some of what they're talking about is accurate and some is crazy. one, your mouth, scream shall the heel of your shoe into his, into his private area, into his foot and i say he because most rapists are men and your keys, walk with the keys in between your fingers into the eyes, scrape the face, scrape with the fingers nails, hair spray can be used as well as pepper spray legally in some cases and campuses legally. there are things other than guns. i believe everybody has a right to their second amendment, but there are ways to protect yourself. years ago they would say lay down and let him do it so you'll live. >> megyn: there's some of that in here, too. >> no, but that's wrong. >> megyn: if your life is in danger, passive resistance may be your best defense. and they also warn first and

foremost be realistic about your ability to protect yourself. chris. >> that would certainly be my approach. if i have a daughter and anyone i'm concerned about and i've bought mace for women and i recommend self-defense courses whether it's martial arts or whatever it is that you're comfortable with. >> megyn: very em about powering. >> and in learning to defend yourself and it is, part of it is definitely psychological and i advocate weapons for women, women are not famous for going around and using weapons offensively, but defensively and disarming a population of young women and men on campus, i mean, you mentioned a string of rapes at syracuse when were you there as a student, it is a target for a would-be rapist and to announce that the state of of colorado women are allowed to carry guns, but not on college campuses is an invitation to psychotics, exactly the opposite of what you ought to be doing if you're interested in preventing this sort of thing. so, i mean, i'm a big second amendment person, a big

supporter of self-defense and learning to defend yourself and certainly for young women and you want the man who is a menace, a threat to be unsure, to be afraid of the woman because she may surprise you and even if she's not carrying a gun. >> megyn: that's part of the problem when they disclosed gun owners in the counties in new york and the people who weren't gun owners you know, the people who aren't gun owners don't necessarily want to telegraph that to the world and one other safety tip because leslie raised a good one. the other thing we say, no matter who you are, attacking you never let them get into the second location. and don't get in the car. >> absolutely. >> megyn: don't go into the second location, nothing good happens at the second location. thank you both so much, leslie and chris. >> thanks. >> megyn: well, a developing story regarding wal-mart. executives at the nation's largest retailer, apparently describing recent sales as the worst in years in a total disaster. what does it mean for our overall economy, they're saying that they believe, these economists, it's

president obama's tax hikes that led to this. we'll have a fair and balanced debate and olympian oscar pistorius defending himself on charges he killed his girlfriend. why it could hurt his case. and why the investigation is raising questions about his girlfriend's past relationships with men. dr. keith ablow is next. >> and everybody is upset understandably, but at a certain point we were smiling while remembering reeva because we only have good memories of her. ♪

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>> new developments today in the murder investigation gebs against olympian oscar pistorius. in a bail hearing today he said he did not intend to kill his girlfriend. and the double amputee said he accidentally shot reeva steenkamp behind a bathroom

door because he thought that reeva was still asleep in their bed and intruder had entered into the bathroom. there were previous altercations police say at the home and don't say any of those involve reeva. we're learning on the day she died she was supposed to give a speech to high school students about a previous abusive relationship. dr. keith ablow is a member of our medical a-team. the last piece of information is so potentially telling because women who are in abusive relationships, unfortunately, very often, that emerges as a pattern in their lives. >> absolutely right. you know, you have women who again and again, for some reason, and some men following patterns where they select men and swear this one is quite different or two questions or three questions get down to the facts which would indicate, no, this is somebody you've got to be really concerned about again, because

people do tend to repeat these patterns. >> megyn: why? and listen we don't know whether he was abusive toward her, we don't know whether he's guilty of intentionally killing her, the prosecutor says he is, but it's an opportunity to explore the dynamic. because why would a woman not only admits, she admitted she was abused by her college boyfriend and she became an advocate. if she becomes an advocate and tries to empower others who avoid this behavior, how could she be allowing it to go on simultaneously and get another man who was potentially abusive? >> well, these patterns die very, you know, slowly and sometimes they're maintained against all possible rational thought. if you're a young girlfriend who felt unloved growing up and never experienced unconditional love, but wanted to feel safe even though you were faced with abuse or hostility. then you can literally turn off that warning signal inside

you that indicates this is somebody who i shouldn't be around. why? because it was unthinkable to believe you're in that kind of peril. and i see women again and again, who won't admit that they weren't loved as girls and therefore, they can't say this is not a loving relationship as adult. in fact, they reproduce it in order to justify what happened to them earlier on. >> megyn: you wind up choosing in your partner somebody who has not only the best qualities of your parents and worst of your parents, why? you're seeking a redo, to experience the situation again, but with a better result? >> i think it's partly to show that you're empowered now that you can effect change. imagine if you're five or your he' seven or 11 and you desperately want to believe that you're loved, and yet, you don't have data coming in that would confirm that. what you do is you become cuter, more charming, you try to get all a's. well, if it never comes to pass that you got that

positive reenforcement, you could keep going for a decade or two and find someone else and say you know what? my journey in life is to turn this person who won't be loving toward me into someone who does love me. you have to say listen, i was lovable all along. those folks around me, they were pretty messed up, but i was a good and decent person so it goes back to loving yourself and not get someone do you arm. >> i guess he denies the charges, but this is an important aspect, really, for life, for so many women in south africa, this is a huge problem. >> so many. >> megyn: and america as well. dr. ablow, thanks for being here. >> thanks, megyn. >> megyn: coming up, should the the pilots who control the drones receive military honors? stay with us.

>> well, some outrage over a new military medal for cyber and drone combatants. many veterans say they're furious, someone operating from a safe remote location could get higher than someone who face our enemies on the battlefield. trace gallagher has the details, trace. >> reporter: there are some groups who oppose distinguished warfare medal altogether. and asking for the obama administration to get rid of it altogether, but the most opposition concerns where the medals rank. leon panetta seemed to indicate when he announced this thing, it should fall below combat medals. listen to this. >> the military reserve for those who display gallantry and we should tip to do so and

also have the ability to honor the actions that make a true difference in combat operations. >> reporter: that's not the case because it is below the flying cross which is awarded for heroism during an aerial mission, but it's above the bronze star awarded for heroism in combat. troops on the front lines. in essence a drone pilot could go to work in las vegas and drop bombs in iraq and afghanistan all day long and go home to his family and still be eligible for the award. the military order of the purple heart calls it degrading and insulting to every combat soldier, airman, sailor or marine that risks his or her life, and dfw days medals that can only be earned in direct combat must mean more than medals awarded in the rear. there is a petition on the website, saying that this

should be lowered and rank. so far, megyn, it has like 5 to 6,000 signatures, by march 16th it needs to have 100,000 signatures for the white house to fully review this entirely. >> megyn: wow, all right. trace, thank you. >> okay. >> megyn: well, get ready to brace for another round of snow and winter weather. look at this weather map. it is a huge system. janice dean says the storm that's expect today hit could be one of the biggest of the season so far. she's coming up. and several states coming one a new way to fight back against federal gun laws. they say if the gun is made inside a state entirely, and is kept there, it should not be subject to restrictions, will that hold up? judge napolitano is next.

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a brand new hour hereof america live. welcome everyone, i'm megyn kelly. take a look at the weather map. depending, this one is not that great. look at that, it's like little, now, rain in reno, but there's more. you could get hit with a foot of snow depending where you live. or possibly face wind gusts up to 70 miles per hour. janice dean you're excited and sent out terrifying tweets and we may get a little snow, but there's more than that. >> and i've got to save good maps for the weather person they don't need me. >> megyn: they'll be in reno in the casinos and there's no windows. >> this storm hasn't gotten going yet. this is the moneymaker, this is the one that is going to effect much of the country. so, just look out as we head through the next couple of days, we're looking at the potential for a big blockbuster event. for many states, at least two-thirds of the country, going to be affected by this little low pressure, this is sitting off shore and bring you a little bit of rain to

reno and the winter storm advisory starting to be posted across the southwest and the bulls eye. we're looking to get the most snow across the central plains and not only will we see a snowstorm, we're going to see a severe weather event. many tornados across the south, including texas, in towards louisiana and mississippi up towards arkansas, so, not only the winter storm, but we could see hail, damaging winds and tornados and let's track it for you. tuesday into wednesday when we really start to see the storm crank up across the plains states and as we get into wednesday, this could be an ice storm, a major ice event for parts of arkansas, we could start to see freezing rain advisories and then possibly into wednesday and thursday, ice storm warnings posted up across portions of arkansas. that's the real danger in this. and precipitation accumulation, this is a nice map that you saw earlier on that megyn was talking about. this is the scope of the storm. and so we're going to see six to 12, maybe 18 inches of snow across the bulls eye here and

maybe even blizzard conditions and then the rain event and possible severe weather across thy much every state here is affected by this weather maker, so, headed into wednesday and thursday, megyn, that's when we're really going to start to see this storm crank up. even though he it looks like a small event across the pacific about to go into california it's going to crank up. >> megyn: he when you use the actual pictures like he we do, it looks like something, when you use the actual radar, it's like. >> i know, i have to save a little of the good stuff for the weather. >> megyn: or the bad stuff, i don't know. you convinced me by the end. all right, jd, thank you. >> just be careful, be careful out there we'll keep you posted. >> megyn: the weather hits keep coming even thousand there's a snow dumping storm on the midwest, the at one part conditions were so bad in ports of minnesota snowplows were not allowed on the road. minnesota the road plows not on the road. minnesota? a big issue we're told was the

terrible wind. it's got a bite to it, it does. and do to where maybe a mile would be the max and you could just see things disappearing. >> well, you could see about a block, if that, but the wind was picking up all the snow that was already on the ground. >> they tried it and said that the visibility was really bad so they turned around and came back. >> you don't need to be out there, you know, sitting next to the fire is a lot nicer than this here. >> you can hear the wind just from the microphones and the interviews and the causing deadly crashes across minnesota and north dakota and we'l watch that system, start hitting tomorrow. stay with us for the very latest. well, new developments as the debate intensifies over how to protect gun ownership rights while reducing gun violence. several states now anticipating the passage, perhaps, of something, some sort of ban at the federal level. are passing or pursuing their

own legislation. in particular a legislation that would say that firearms made and kept entirely within a state's border or state lines would not be subject to state regulations, but is that legal? joining us now is judge napolitano, a judicial analyst. as i read it, i think about nine states since the new push for gun control has started, have submitted bills that are working their way through these legislatures 15 in total are looking at some sort of measure to say, feds you can do whatever you want. you're not going to mess with arizona, colorado, louisiana, new mexico, pennsylvania, south carolina, virginia, or wyoming. >> if this were 200 years ago, and the constitution were new, and meant what it said, this legislation would make sense because at the time, congress only regulated commercial goods that actually passed from you state to the next, this is the so-called commercial clause. congress's power to regulate

interstate commerce, but that clause has been so blown out of proportion, megyn, by presidents and congressing and supreme courts that congress can now legislate anything it wants, even something that moves from one state to the another. and even something that isn't commercial in nature simply because in some theoretical way, its movement or not movement might have some effect on interstate commercial. >> yes, we saw this in the leadup to the health care debate where the president said the commerce clause allowed it and a different court rejected, but he based that argument on an ages old case you learned about in law school or some guy growing wheat in his back yard and not contributing to anybody would affect interstate commerce. and that will never leave the yards and the guns never leave the states. you tell me, judge, why would the states trying to tee up, what they're trying to say, tee up the challenge going to the supreme court in light of pretty clear precedence that

the federal law will prevail? >> that's a great question. i think there's probably a couple of different lines of thought behind it. one is, if enough states agree. congress might back down. remember, states can look at the constitution if enough of them want to. another is, it's a different supreme court, it's a supreme court that twice within the past five years has upheld the individual rights to keep and bare arms and states and cities, don't try interfering with that right and they may very well carve out an exception to congress's power to regulate interstate commerce, when it comes to a right when it comes to the right to keep and bear arms. as much as i love this legislation and wish it would be constitutional. it's directly oppose today 60 years of jurisprudence and lets congress do anything it wants. >> do you see anything in the

recent health care ruling? president obama won that based on his powers to tax us or congress's powers under the commerce clause i should say. is there anything in that decision that suggests a more narrow interpretation of the federal government's ability to regulate us in the state's borders and perhaps for the states they'll get a different result and maybe this court won't see things the way that wicker saw things. >> it's a rational that the court used because some of that wheat was watered by water that originated in indiana. >> megyn: and they're going to go with the guns, that's where they're going with the guns. >> exactly. because some of the cows that ate the wheat ended up in people's bellies in new jersey exactlied interstate commerce. this is ridiculous lines of argument and it's rationalizing a way, or the supreme court the constitution's intent, but this is lawyers and members of congress and judges work.

>> megyn: but what i hear you saying, the bottom line, these individual states that are passing these laws, that are trying to preempt the effect of any assaults weapons ban are not likely to be upheld. if the states doesn't like the law, he they need to lobby before it becomes a law, once it's a law thr ey're going to be subject to it. >> and i think this'll send a message and maybe that will be popular. >> always great speaking with you, a pleasure, sir. >> new developments in a high profile murder trial with the defendant jodi arias back on the witness stand for a 7th day. remember this charmer? she's charged in the stabbing and shooting death of her former boyfriend, travis alexander. prosecutors contend that she killed him in a jealous rage and her lawyer maintains it was self-defense. and originally they claimed it was somebody else, she wasn't there. bah, bah, bah, ultimately caught redhanded she said oh, i did it, but i did it in fense

so far arias has testified about her own troubled life and abusive childhood and tried to paint alexander as a liar and womanizer, she faces the death penalty if she's convicted. and vicky is live with more. >> vicky? >> hey, megyn, yes, in court this morning, jodi arias said she wanted a quote, healthy relationship with travis alexander, the man she has admitted to killing in june, 2008. but from selected text messages we heard this morning, their relationship was anything, but healthy. they were angry, they were tortured and she said she was frightened. let's take a listen. >> then whenever he would get angry i'd start shaking again, so, it would bother me in that record and it was like, whenever he got mad, it was like, it was like being in an earthquake, like it starts and you don't know how long it's going to last and how bad it's going to get until it's done.

>> the interesting thing, megyn, is that despite being so frightened, these two made conversations like that and be back in what was clearly a very, very close friendship even though they were officially not boyfriend and girlfriend. what we heard this morning was exasperation start to creep into both of the text messages to each other, exasperation will be a key part of the defense's case because they are, as you said earlier, going to argue that jodi arias killed travis alexander in self-defense, and you can see that they are trying to put a case where the escalation is-- i'm sorry, it's escalating. tension between them is escalating. >> megyn: and hitting the panic button, and seeing these

between wal-mart, one calling sales a total disaster and some economists are saying this is the result of the tax hikes that the president wanted and that did take effect as of january. we'll have a fair and balanced debate on that and talk about where this is likely to go. and back in the 1980's, president ronald reagan made his own immigration reform push signing into law a plan that offered amnesty. the 3 million illegal immigrants already in this country, but the law did not exactly work out the way the president had hoped. coming up, michael reagan joins us on what lessons he thinks our current leaders could learn from his father's. >> our borders are out of control. it's also true at that this has been a situation on our bordee back through a-- borders back through a number of administrations and i support this bill i believe in the idea of amnesty for those who put down roots and lived here, even though some time back they may have entered illegally. ke a heart attack patient.

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>> the white house under considerable criticism for leaking a copy of the immigration reform plan and some saying the president was hurting rather than helping a bipartisan effort toward immigration reform that's already underway in the senate and now the white house is walking back its plan, saying it is unfortunate that a draft version of its plan got out and they're not sure how it happened. the proposal which called for a pathway to citizenship for illegal immigrants in eight years led senator rand paul to accuse the president of trying to torpedo that bipartisan effort. back in 1986 president reagan signed a reform law and granted amnesty to 3 million illegal immigrants and later said he made a mistake, what lessons should we take from that mistake in his view? his son, michael reagan is here, a political chairman of the reagan group. that's interesting because ronald reagan believed in, i

don't know if you want to call it amnesty or what do you want to call it, but in accommodating illegal immigrants in this country and yet, he did not wind up believing that he went about it the right way. tell us more. >> well, you know, part of that also, if you look at simpson, they weren't happy with the end result either because as usual, you take a good piece of legislation and throw it to the house of representatives with the senate and they add things onto it that undermine what that bill was supposed to do. and you know, what my father was concerned about, later on, is that the second half of that bill never took place. the closer to the building, the building of the fence, that didn't happen until my good friend congressman duncan hunter, congressman from san diego started putting a wall up in the 1980's and 1990's. so, ronald reagan didn't get all of what he wanted in the bill just like with taxes 3 for 1. never got the 3 for the 1. and the amnesty happened and

the border never closed and the issue of what was going on with the employers never happened either. >> this is one of the rare sore spots that republicans have with your father. many of them do not like the amnesty that was granted because it was supposed to be the three legged stool. and one, he would give amnesty to 3 million illegal immigrants. two, there would be a temporary agricultural worker program and three, there would be improved border security and personalities for hiring illegal immigrants. and the increased border security fell apart. the strict sanctions on the employers was stripped out and initially pitched as a get-tough moment was largely deemed a failure after the fact. do you see any parallels between what your dad went through and what we're debating now? >> well, yeah, i think what we're debating now is of course, everybody says we need immigration reform and we absolutely do. we now have 11 million instead of 3 million because the borders were not in fact

closed, but the republicans know on this issue need to be leading and they need to be defining the issue not being defined by the issue. i mean, look the at marco rubio, marco rubio was the goodsend to the republican party and comes up with the immigration plan and being attacked by his own. all he's trying to do is get out in front of this issue, as is jeb bush and others out there. the president of the united states with the leaking of his legislation, i guess, over the weekend again tried to undermine a bipartisan move in the congress of the united states of america. but the republicans, the problems they have is, they have no messenger, or they haven't had a messenger and they have no voice so they are being defined by the mainstream media and others on the right and on the left here as people who want to throw immigrants out of the country, not bringing them into the country. i was at an event in florida in november, megyn, and there were 400 people in this room and talking about this issue and i got up to talk and i

said, listen, you want to win, you need to embrace ronald reagan, who he was and not just talk about him. he was inclusive not exclusive and i asked the hispanics and blacks in the room to please stand. no hispanics, no blacks stood and they just looked at each other the people in the room and i said that's your problem with the party. you're not inclusive. you act as if you're exclusive. they need to be inclusive. >> megyn: and it didn't always used to be that way even under president george w. bush he had a huge popularity with hispanics and help today buoy himself into office. an and george w. bush called himself a compassionate conservative and then they were trying to see who could go further to the right. and today is a new day and i think the republicans got the message of the last election on this issue, having said all that, there are still legitimate concerns about poe he tensionally granting

citizenship to the 11 million, no not talking 3, we're talking 11 now, 11 million in this country and you know, how that will wind up affecting this country. >> well, what ronald reagan would do is bring both sides into the oval office and find the areas with the ball forward not areas of disagreement. there's a young man roberto garcia on the u.s.s. ronald reagan came here illegally with his parents and came here to work in the farm lands and fields and became citizens under simpson and he volunteered to serve on the u.s.s. ronald reagan and he now mentors 235 sailors on the reagan to better their careers while going to school to better his career. there's a lot of great stories out there, also. we need to find the good stories, not always the bad stories and ronald reagan always found the good stories, he didn't look at the bad ones

and that's why he was embraced by the hispanics and by all of america. >> very interesting. michael, thank you. >> thank you. >> coming up, a warning issued for women who use a popular dating website. police say an accused rapist is using it to meet women. what site and what to watch out for coming up. as we told you last hour, olympic track star oscar pistorius make ago dramatic statement saying he didn't know it was his girlfriend he was shooting behind the closed bathroom door. and this is so detailed i was stunned as a lawyer the statements. and we'll debate them. a warning regarding your taxes and the new health care law. that's next. hi. i'm henry winkler.

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>> well, new concerns today over the potential impact of obamacare on your taxes. tax return company h & r block says the penalty imposed by the health care reform law for not buying insurance could wind up eating many people's tax refunds. and cheryl casone is here from the fox business network. >> hey, megyn, if you worried about 2012's return, wait until you get to 2014. h & r block in the biggest name in the the tax return business, one out of 7 returns are issued by h & r block, 26.5 million americans got refunds from h & r block, but h & r block sin credibly concerned that most americans don't know the return filing for 2012, income that americans are going to be reporting is going to affect the type of subsidy they get in 2014 to go towards health care. now, let's give you an example. a family of four, here is example of what happens in 2012 family of four has a

gross income of $40,000. under the new health care law, obamacare, in 2014, their cost averages out to about $170 per month, but if that family of four does not sign up for health care, they're going to be penalized and that's going to be $285. according to h & r block, especially lower income american families out there. 6 million of them may not file for health care ne. they'll file for tax return, but the cbo has done great research as well and saying that 6 million americans most likely will not sign up under these health care exchanges, and if you don't, you're going to get hit. and h & r block is worried because they don't want the customers and americans to be angry at them over something that was created of course by the u.s. government. and so, h & r block right now is launching a huge campaign. you're going to see commercials on your television, going to see ads in your newspaper telling you that you need to understand that the income that you are

reporting to the government for this year, for 2012, the returns you're working on now, i know all of you are working on your returns and i feel it out there america, you need to be aware that you're going to affect the charges that you may or may not see in 2014 under obamacare, megyn. so, you know, obviously, it's kind of a surprise to have somebody like h & r blocks saying that americans need to be careful about their health care coverage in 2014, but again, they don't want people to be, well-- >> anything related to taxes are dehe pressing me, just like 401(k) and try not to look at it and force you to look at it april 14th. >> i've got ideas for you, megyn, we'll talk. >> megyn: i'm looking forward to the shelters and loopholes that everybody is talking about that i get to find. cheryl, thank you. >> you bet. >> megyn: right? what are they? what are they talking about? i want it take advantage of them. no, so far, not so much. coming up, wal-mart is sounding the alarm in a series

of leased e-mails and speaking of a quote, financial disaster of a company over the past two months and the results, some economists believe of the tax hikes just impose heed on the vast majority of americans and not talking the rich felt, but ones everybody else felt. what does it mean for our economy going forward. a diamond heist out of the movies. take uniforms and cop cars and in the a single shot fired. how robbers pulled it off. ♪

>> developing now in outer space. and regained contact with the international space station after a nearly three-hour outage and something went wrong with flight contollers were updating the sophomore on the station. and the commander says the six member crew was doing fine and no problems during the brief outage. outage. >> well, the true and perhaps future state of this economy may be visible in a series of leaked internal e-mails from the nation's largest and most successful retailer. top wal-mart executives sounding the alarm about the fact that nobody is buying anything. take a look at this one from jerry murphy. bloomberg wrote the story,

president of finance for wal-mart. in case you haven't seen a sales report. month to date sales are a total disaster, the worst start to a month i've seen in my seven years with the company and the results some economists believe may be due to the tax hikes just imposed in particular the rollback of the payroll tax break that all taxing all americans, we're not just talking about the rich, but regular folks, what does it mean for our economy. matt mccall is the manager of penn financial group and charles payne at the fox business network and so when you hear these dire comments from wal-mart and their top executives, you think holley moly, why? why? and economists are saying it could be the payroll tax and that may be a bigger deal than quote, any of us thought. your thoughts on it, charles. >> i agree he, about a month ago we got consumer confidence numbers for january came in substantially below what anyone thought.

and 160 million people who got a tax hike that were not expecting a tax hike, on top of that, december there was a ton of money in this country and incomes were up huge because everybody wanted to beat the tax hikes, dividend payouts and special bonuses and savings went through the roof. it felt like the american public was so afraid they started to save money which is definitely against our dna and they're pulling back a little bit and i think that wal-mart is feeling is. >> and wal-mart is telling because it caters to middle class americans and people who have lower incomes and they're not spending. >> absolutely right. charles is right about the payroll tax, i was a big proponent of spending the payroll tax for that reason, i think that $40 on average they said people's payroll-- people's less money came into people's pockets. >> megyn: $50,000 a year, $40 hit. >> and that's the paycheck and a reason and people are getting ready for sequester. i understand that defense department had to layoff civilians, with the math of

the budget cuts and if those go through, those people aren't spending money and overall coming to the economy with the sequester. >> megyn: really? i hate to contradict the narrative of the major media outlets, but are people paying attention to the sequester? >> no, i do not think they are. not the average person going to wal-mart or just spending-- >> the sequester, marge, the sequester is coming. >> we have to push back the purchase of a big box of soda because of sequestration and i personally am going to take, not doom and gloom, i think this isn't that big after deal. you i think it's a one time thing and people saw the paychecks and let's tighten up the wallet for a month or so. consumers here in america are resilience. never bet against american consumers. they're going to find a way to spend money i think it's a short-term fix and i think that wal-mart long-term is going to be just fine. >> megyn: here is another e-mail obtained by bloomberg

news. well, we just had one of these weeks here at wal-mart u.s., where are all the customers? and where is their money? >> i don't disagree with matt that people there was certainly a shock to it. a lot of people got that paycheck. >> megyn: they weren't expecting it, thought it was just the rich. >> i thought it was my cousin i was so jealous of. >> megyn: i don't care if he pays more, not me. >> it certainly was not sequestration and people thought that was the asteroid that blew by a few days ago. >> megyn: and not like the doctor-- and diagnosing something. >> and put on gloves to find it, but here is the thing, too, gas prices are going through the roof. >> megyn: a good point. >> i don't disagree with matt that maybe it's something we work our way through, but there's no doubt about it, there was a shocking-- a shock effect to this that we'll see what happens if people get back again to our dna. >> you know what? >> yeah, i will say again, look, sequester affects you if you're a civilian contacted to the dod and laid off a few months ago, and obviously, it was the sequester.

>> and cost you your job and can't go to wal-mart and stock up on diapers. how does this play that president obama wants to close the tax loopholes and i don't know that everybody knows what that means and applies to them. and the admission by howard dean, now, top democrat, left guy who comes out and says everybody's going to have to pay higher taxes, everybody is going to have to pay the higher taxes soon. so what does that do to people who do most of their shopping at wal-mart? does it hurt confidence? >> it will, because a lot of people that shop wal-mart, they are shopping and saving pennies looking from dollar to dollar and lose that paycheck that julia aloud to. >> and plus the gas prices, and that hurts. >> and if that happens then maybe you want to go twice month versus four finals a month and you're not going to stop shopping. let me just give you one, throw something out there. what about the fact that the economy is doing very well, right? doing pretty darn good and a

stock market at almost an all-time high and maybe moving up and spending money on higher end goods. in 2008 when the market-- >> as a nonfox business person can i say look if the economy is doing well, a stock market doing well. and negative growth in the fourth quarter. people look at their wealth and open the 401(k) people and see how. >> megyn: rich people. >> everyone has a 401(k). i think it's how they are doing mentally and retail hitti why? >> because they're in the stock market and the way that normal people live. >> what matt is talking about, what ben bernanke is calling the wealth effect and you feel wealthier and i don't think it's working, in fact, one of the real things, we're watching tv and hit me as all of the these commercials come on. everything was zero. the cars, zero down. zero interest, zero payments.

the furniture store, zero interest, zero down payment and we're living in a zero, zero world. >> megyn: and might buy a mortgage at that. >> and got a warning about no inflation if there's zero, zero. >> i think all of that stuff, america is lucky that we get to live on our reputation with that respect. you have to know at some point you do have a pay. >> megyn: let me ask you, i was making fun of matt with the stock market, but when it goes way down people worry and anecdotally my 401(k) is down and up, but so many other things make us worry. the housing market is starting to rebound, but a stuff market. the job market is still a tough market and then the gas prices and reports up in california adam housley was out there. like $5 a gallon. $5 a gallon in february and on top of this, they get hit with the payroll tax, and then people are starting to wonder whether they're going to have their job and how much longer and whether they're going to get hit with another tax increase, obamacare tax and so

on, been in the news. >> right, i think what obama is talking about, is closing something, in the carry interest loophole and shopping in wal-mart probably won't affect you, but you're talking about the fact that people, look, who cannot be scared about what's going on, up, down, this is very scary time we live in this country and-- >> and dove tailing off the howard dean comment, to build a society that president obama envisions costs so much money and the rhetoric taxing the rich and people look at the paycheck and they got it. and to create the society we want and ultimately we put the rich people in front as strawmen or straw women, but everyone's going to pay more. >> let's be clear, the payroll tax hike was actually republican proposal, obama want today extend that payroll tax, and the republicans said no and took it off the table. to the extent republicans don't want to raise taxes on

anybody and they just did and-- >> i've got to leave it at that. and there's question about that. great debate. thank you all. >> see you later. >> stunning new developments in in olympic runner oscar pistorius. why did he submitted detailed affidavit. and he said everything this went down that led him to kill his girlfriend. and i'll read you what the prosecutor is saying and we'll debate it in kelly's court.

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>> kelly's court is back in session. on the docket, accused murderer and olympic athlete oscar pistorius openly cried in court today as his lawyer presented in extraordinary detail the athlete's own account of how he shot his model girlfriend to death. claiming oscar had mistaken her for an intruder. but did he do more harm than good to his own case today?

randy is a former prosecutor now defense attorney and mercedes cowan, and it's extraordinary for the defendant to be explicit exactly what happened on the night of the alleged murder. this is what he says i'm acutely aware of people gaining entries to homes to committee crimes. i've received death threats. i sleep with my 9 millimeter. i woke up to close the sliding door and heard a noise in the bathroom. i was scared and didn't switch on the light. i screamed at the intruder because i did not have my legs on i felt vulnerable. i fired shots through the bathroom door and told reeva to call police and he said later he found out of course that it was reeva who was in the bathroom and that he claims it was a big accident. mercedes let's start with you. armchair lawyering i can poke so many holes in this account and that's exactly what the prosecutor's going to do. >> i mean, exactly right. first of all, he lives in an exclusive community, stone

walls, electric wire fence around this community and there's gates, there's security. you're going to be feeling vulnerable and somehow intruder came into your home and ps, when the burglar did come into your home they're going to lock themselves into the bathroom. please, that's what the prosecutor is going to say, wait a minute, there was no burglar in the bathroom this had to be your girlfriend fleeing from you we had witnesses who say they heard you arguing with your girlfriend moments before the shots were fired. >> and he claims in this affidavit, randy, that he-- i screamed at the intruder because i didn't have my legs on i felt vulnerable and fired shots at the bathroom door. you're telling me if reeva steenkamp is in the bathroom, innocent using the bathroom and suddenly hears him screaming she doesn't say, honey, it's me. and he screams and then fires through the door? it's not plausible. >> well, it's not plausible in the calm and in the serene atmosphere of a news room, but

none of us can put ourselves back in that moment and imagine what mr. pistorius was experiencing. perhaps that horror, perhaps that fear, that terror where we do things without thinking. remember something, what he did, you said it, was extraordinary. you don't give your defense away. he did it for two reasons, one, he wants to get out on bail. and he needs to show exceptional circumstances. what he's really doing is saying, hey, judge, i got nothing up my sleeve, i've got nothing to hide. i'm not going anywhere, this is my defense and sounds a lot more plausible than premeditation and letting the people know who will be standing in judgment of him, start thinking about me now, he's planning his actual preparation-- >> why look yourself in? you know as a defense attorney you don't want to lock yourself in. and he's locked himself in. if he's so terrified of break-ins the gated community why is the sliding glass door open.

>> that's the beautiful thing. why are you sleeping with an entry into your home by the way much bigger than your bathroom window that he alleges was opened by a contractor who left a ladder there. it's completely suspicious that somehow that window gained entrien you had your sliding door open. >> apparently one where the toilet is walled off with its own door and he claims he walked into the bedroom, he saw that there was a window in the bedroom. thought the intruder went right into the toilet and then just opened fire, but randy the other problem, major problem for him and i caution because these are unconfirmed reports and came out yesterday cite ago source close to the case who said that this cricket paddle, this cricket bat that was found in his house had blood all over it and that they had established that reeva steenkamp's skull had been crushed, now, if that's true and that's an if. if that's true, then his defense completely falls apart.

that's not part of the story. >> if that's true i want to take mercedes's side and be the prosecution, but it is an unconfirmed report. but you talk about plausibility. he's charged with pre-meditated murder, malicefore thought. taking ten minutes, an hour. is it plausible if you planned to kill your girlfriend. would you shoot her through a bathroom door and come one this story. >> if she ran from him and that's what the prosecutors are saying, she fled from him when she realized what was happening to her. >> the evidence doesn't support premeditation on his worst day the evidence support a heat of passion and rage which doesn't get you life in prison, it doesn't get you a-- >> and now what, premeditation comes from his leg, he had to put the legs over to walk over to the doors. >> megyn: he denies that, he claims he was so scared with the intruder he didn't put the legs on he had his legs

amputated when he was a baby. >> how is anybody going to establish when he put his legs on. >> megyn: and claims didn't have the legs on when he shot her. and the trajectory will show how tall-- exactly, 6-1 1/2 when he has his legs on and when you're 6-1, trajectory higher, two feet higher. >> if he's holding himself up. >> and the angle, randy. >> megyn: yeah, the angle will tell. and listen, south africa has a really bad crime rate, but it has some of the world's worst rates of violence against women and the highest rate of the world of women killed by an intimate partner. thank you both. we'll be right back. don't go away. my bad.

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>> popular dating website may be linked to an alleged rapist. shaun banks, a navy sailor charged and arrested for raping a woman on christian mingle.com. and he bounced around and may have used aliases to contact other women on the popular website and they're hoping by releasing this photo and his name if there are additional victims they will recognize him and come forward. christian mingle.com, and experts are manually reviewing files and photos submitted by members right now. it could be the biggest jewelry heist of all time at least one of them. masked gunman make off with 50 million dollars worth of diamonds. wow, all without firing a single shot. and we're sort of of glamourizing it, we don't mean to do it's amazing, wow.

trace? >> reporter: and you talk about well planned and well-executed it could have been directed by steven spielberg. the brinks truck is on the tarmac loading diamonds into a swissair flight to go to zurich. you see two vehicles with flashing lights, eight gunman dressed like police and wearing hoods and put everyone at gun point including the pilot and co-pilot and security guard and passengers have no idea what's going on. they go in the cargo hold and get 67 million dollars in diamonds and they confiscate the security guard's weapons get back in the vehicles and off they go and turns out they cut a hole in the security fence in the airport and they came in and left the same way. listen. >> i think that we are mainly concerned of the way that it was able to be possible that this happened. the fact that you normally see

an airport and especially an international airport is a very secure environment exactly what you need when you're trading diamonds and transport diamonds. it's a complete shock for us, that this is even possible. >> yeah, we should note that these diamonds are from the entwerp diamond center, 80% of the diamonds go through and the most secure buildings in the world ten years ago, ten years ago, 100 million were stolen from the center because those crooks circumvented the entire security system. >> megyn: that's a lot of bling. all right, trace, thanks. we'll be right back. ( bell rings ) they remind me so much of my grandkids.

wish i saw mine more often, but they live so far away. i've been thinking about moving in with my daughter and her family. it's been pretty tough since jack passed away. it's a good thing you had life insurance through the colonial penn program. you're right. it was affordable, and we were guaranteed acceptance. guaranteed acceptance? it means you can't be turned down because of your health.