>> a kids hockey coach from canada, intentional ly tripped two kids from the other team. one broke his wrist in that fall. and the judge completely disgusted with the guy comparing the attack to a cowardly sucker punch. the coach sentenced to 15 days in jail. jon? >> all right. so, if you're asking what in the world is jon doing in washington today? i'll answer you with another question. what do these famous americans have in common? nascar's dale earnhardt, jr.,

louisiana senator mary landrieu, wwe wrestler, producer ricky schroeder and country star leann rimes, they're supporters of the national guard youth challenge foundation last night here in d.c. i had the privilege of emceeing the gala and celebrating the foundation's 20th year and to keep kids from dropping out from high school and if they already dropped out, it's a huge problem in this country. one in four kids drops out before graduating. that hurts their employability, their income and also hurts the country. 115,000 graduates so far, 20 of them on stage last night sharing amazing stories. hats out to you supporters. and more information on the happening now blog. >> and scott is with the celebrities where he belongs, i might add. >> looks like a fun night. >> a great event. and they're all great people. thank you for joining you gos, "america live" starts right now. >> bye-bye.

>> megyn: fox news alert. the president's advocacy group, organizing for action, goes on the defense after calls for it to be shut down calls by liberal groups, for this to be shut down accusations that he's selling access to our president. welcome to "america live" everyone, i'm megyn kelly. moments ago a new statement from the group that's led by president obama's former campaign manager jim messina. organizing for action is denying it's granting presidential meetings to the highest bidder. and the new york times had an article, you can get four meetings a year, quarterly meetings with the president for low low price of $500,000 to the group that's charged with pushing forward his agenda. organizing for action. a spokeswoman for the group reportedly saying, quote, supporters have shown interest in taking a -- in taking part because they believe in the president's agenda. no one has been promised access to the president. chris stirewalt is our fox

news digital politics editor and host of power play on foxnews.com live. so the new york times is just completely wrong. no one's actually saying-- no one is denying the true substance of the report? i mean, eastern, carney, jay carney the other day said, no, we're-- they don't allow money to be exchanged for access to the president? but the president routinely meets with those who support his agenda, and i mean, what is the take away here? >> well, yes, the take away is that you will not be asked to produce a brown paper bag with $500,000 in it as you approach the white house gates and he yes, you can say that you're not making a transaction for access to the president, but the reason that groups on the left are starting to have some concerns about this is because they could picture-- they could see into the future, megyn, and though they might agree with much of what the president's agenda does, let's take a look into the past. what if karl rove or ken melman, the president's campaign manager in 2004,

george bush's campaign manager, we're not really going to turn off the campaign, we're going to raise money to help the president get what he wants and keep raising money in order to try to win mid term elections so we can do the things we want. and then if they said, by the way, the president's exxon and halliburton and the koch brothers and n.r.a. are invited to come and throw into the kitty to try to get ahead and meet with the president to talk about it, i don't think you would just be hearing one or two groups screaming about this. it would be a panic, it would be a panic rippling through the washington press corps. >> and yet, there's no such panic emerging today. >> no. >> there is a leading group, common cause, which tends to object to this kind of thing, they don't like to see, you know, pay for play. money for access, in presidential politics and they've complained when republicans have done it and now complaining to their credit when a liberal president is doing it. by the way, they're here live today, the president of that group is going to be here live with me here in an hour, but

they are saying that this is -- this is a blatant pay for play access situation and you may love it now if you're on the left and chris, you'd feel definitely if you wind up with a president rubio, say. >> obviously, and this is where press coverage with come back to bite folks. because so many political reporters are-- think that things like green energy subsidies or electric cars or the hollywood entertainment industry, these things are good. they're either benign or helpful. they don't get as concerned as they do when it's the groups on the right. if it's an oil company or if it's a libertarian group or if it's a christian conservative group, they get very anxious about those things because they don't line up with their own ideology, when it's their own ideology, they're not so concerned, but the consequences start later. >> megyn: this president has never stopped campaigning. and when he won his role in

the u.s. senate, shortly thereafter the campaign for president and successful and said during the first term he spent much of the time campaigning. and now he's won a second term and now, the campaign apparatus just never shuts down, chris, that's what this operation really is. >> that's exactly right. and jim messina,ou showed there at the beginning, is in fact now going to take on other clients, in addition to the president of the united states, that share ideological or objective goals with the president, which means that now there's a back door for influence. there's all of these things that we can't trace and they're not limited, not regulated and we don't know anything about it. and if i can submit this becomes ultimately a crutch for a president who we know struggles to make deals, to find bipartisan accord. it allows him to keep the blinders on and stay out on the campaign trail and continue to allow washington to fall like a plinko chip, careens from one crisis to

another, and campaign his way through it. >> megyn: but he comes out and says, jim messina, he ran barack obama's campaign and now running this group. here he is, he comes out and says look, this is going to be an independent organization, it's not directly tied to the white house, to president obama. and i am not a lobbyist and i'm not going to be a lobbyist. (laughter) and why -- for those of us outside of the beltway, why are they so insistent we know that he's not a lobbyist. what is that supposed to mean to us. >> if you had, i'm not speaking about mr. messina here, we're going to have a bank robbery register, anybody who plans to rob a bank register as a bank robber, you wouldn't have very many people who were successful bank robbers to coming in to register. the truth is registering as a lobbyist it means you are that influential, you go up to capitol hill and grind out day in and day out minutia about power lines and jellyfish, whatever it is you do in your association to us. the people who wield real

influence in washington, the people who really sell influence in washington would never dream of registering as a lobbyist because everybody would know what they're doing. >> it's basically irrelevant to the strawman defense. >> accurate. >> megyn: no one could accuse of being a lobbyist, irrelevant to the debate. all right, chris, thank you. >> you bet. >> megyn: as we mentioned one. groups blasting this fund raising efforts is common cause, now, that's a left-leaning public advocacy group, described as liberal group long focused on the influence of big money in politics, they doesn't like it, they don't like it on the left, they don't like it on the right. next hour, the president of common cause joins me live and will respond to the white house and the president's former campaign staff saying that no one is doing anything wrong. >> we are also getting word of a new white house effort this hour to head off those automatic decreases, the scheduled increases in spending. don't forget, spending is

going up in 2013, higher than it was in 2012 and it's going to be a little less high than we intended it to be because the cuts we're going to see start to kick in on friday and then they take five years to take effect. this is the armageddon that is coming according to some. president obama setting up a meeting for friday. which is of course, hours, minutes, before the deadline, and getting together with top congressional leaders and taking heat for not doing it. why is he doing it on friday. that's what some are asking and now they're finally going to discuss the 85 billion dollars in reductions to the increase in spending. congressional republicans don't know what to make of it it. one capitol hill source saying, quote, either someone needs to buy the white house a calendar or this is just an farce. a new look at federal spending, if the budget cuts go into effect. budget spending will continue to increase year over year, there's the shocker for you, as they say it will increase a little less this year than

they intended it it to do. that's what we're looking at for friday. ♪ we're getting new video today, eyewitness account from the soul survivors of a deadly balloon ride in egypt. the balloon deflated, oh, my goodness, this is terrible, remember we told you the story, the balloon deflated and it was trailing smoke across the sky, and the basket filled with 21 terrified passengers, only two men survived. trace gallagher has the story from the west coast news room. >> reporter: these are all early morning balloon flights, see the sunrise over the valley of the kings and luxor, the west bank of the nile. this balloon was coming in for a landing when it struck a power line, when it burned and crashed, that line exploded causing an explosion of the gas cannisters that filled up

the balloon. 21 people in the gondola at the time. the pilot and another man, michael renee, a brit, jumped out, 30 feet from the ground and renee ran up to dirt track looking for help. his wife was still on board and witnesses say he was yelling, my wife, my wife, clearly she died with the remaining 19 passengers be, and here is a witness in another balloon, talking with shepard smith on studio b. listen. >> and i said to the person next to he me, i hope that wasn't a balloon and frankly we couldn't imagine that it could be. too loud, too close to the ground and as our balloon sat down and the pilot, said this hasn't happened in a long time and we knew something really bad occurred. >> and listen to this, experts now say when the two men actually jumped out at 30 feet it lightened the balloon causing it to go up very much, very fast, and other

passengers jumped out at 300 feet and all three died on impact. most staying in the balloon as it went to a thousand feet and then came down. looking if the skies why overcrowded. only supposed to be eight up at a time and there were at least 14 when it happened. this is now the deadliest balloon crash when it happened ever. >> megyn. >> terrible, all right, trace, thank you. >> well, up next, we will debate the new questions how anti-gun folks are trying to push their message after first lady michelle obama's remarks on abc news are getting a lot of controversy, she blamed automatic weapons for the death of a chicago teen, it's not right. it's not true. and then abc news edited out that part of the remarks, new controversy. and one man accomplishing what the white house thought would take nearly two decades, our space program is changing and

going private. and a heated he can change on hannity getting major attention after a democratic congressman goes on an almost five minute nonstop rant during an interview on the sequester. that's the thing we have been talking about so-called budget cuts and really decreases to the increases and we'll take a look what has got him so angry today and fallout today. >> is it immoral, is it immoral. >> you are immoral. >> i'm immoral? what did i do that's immoral? i didn't to anything that's immoral. complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell health. one a day men's 50+. you know how painful heartburn can be. for fast, long lasting relief, use doctor recommended gaviscon®. only gaviscon® forms a protective barrier that helps block stomach acid from splashing up- relieving the pain quickly. try fast, long lasting gaviscon®.

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>> an obituary in the new york times it a lasting memory. one from tel aviv cared for many things and didn't care for the paper it was in. loved his family, his birth and adopted countries. skiing, opera, ballet and

central park, loved everything about new york city except the new york times. the man's son said he didn't think the times was honest and objective. new question today in america's second amendment debate after first lady michelle obama chose to discuss the need for new gun control in her opinion during an interview with good morning america. during that interview the first lady said 15-year-old hadiya was shot and killed in chicago after performing in the president's inauguration. first lady said she was shot because some kids had automatic weapons they didn't need. and chicago police believe the fact that the child had been shot by a handgun. however, in the video clip, the mention of automatic weapons was edited out. >> she was standing out in a

park with her friends in a neighborhood blocks away from where my kids grew up, where our house is, and she was caught in the line of fire. i just don't want to keep disappointing our kids in this country. i want them to know that we put them first. >> megyn: so in the piece that aired on tv, they edited out the bit about the automatic weapons. abc claims they did that for the sake of time. this is their full website version of mrs. obama's statement. okay, mrs. obama as she actually spoke. she was standing out in a park, with her friends in a neighborhood blocks away from where my kids grew up. michelle obama speaking, where our house is, she had just taken a chemistry test and she was caught in the line of fire because some kids had automatic weapons they didn't need. i just don't want to keep disappointing the kids in this country, i want them to know we put them first. and joining me now is lars larson. so abc edited out the part where michelle obama said the

child had just taken a chemistry test, not particularly relevant and left out she was caught in the line of fire and edited out where she said because some kids had some automatic weapons they didn't need. and now some are saying, that was, that was the news organization trying to cover for her. i don't, you know, to me what's interesting is that this is the first lady commenting on a very controversial issue and in case she should know very well. because this little girl's parents sat with her in the visitors box at the state of the union. and michelle obama said something that's just not supported by the facts, lars. >> no, it's not, but are you shocked that the mainstream media is carrying water for this kind of ridiculous policy change? the other issue is, i don't know if you care about this, but what does being married to the president, how does that qualify you to start getting involved in the foremation of policies that run counter to the second amendment to the laws and point of view of most

americans, megyn. even in the way she framed it if you're going to be somebody who pushes a policy to have automatic weapons that they don't need, do you mind if i deconstruct that. number one, there were no automatic weapons almost guaranteed, certainly not an automatic pistol which are exceedingly rare. and automatic weapons have been largely illegal in the the united states without crazy taxes and registration with the federal government. it's almost certain that the people had the guns that shot this poor woman, miss pendleton, were not children, not kid. had a gun, don't know whether it was a semi automatic pistol. the first lady shows, a, she's talking about something she knows nothing about and puts her ignorance on display and abc decides to edit the tape so that she's not as ignorant as she is on the subject.

and criminals who killed this young children as kids who had guns they didn't need. how about having a firearm and using it to commit murder. why is it the people so ready it to protect children are ready to label the children with something they shouldn't have as murderers and criminals. >> megyn: the curious thing about the edit edited for time and you try to figure out what's relevant and you only have a certain amount of time to offer your reports. >> sure. >> megyn: you have to make the decisions, but what's interesting to me about the edit. they seemed to edit out the crux of her point, her whole point was that these kids had these automatic weapons they didn't need and i don't want to keep disappointing the kids in this country. i want them to know we put them first. that was her point, is that these weapons never should have been in the hand of these kids so why, why take that piece out, i don't know why. i don't know.

they say it was for time. >> megyn, megyn, you know i've been in radio and tv for 38 years, i edit for time all the time, but you never take out the part of the sound bite that is relevant to the story that you're covering, except in this case where they took it out, i believe, to protect the first lady from appearing to be ignorant on the subject because obviously, if you've interviewed somebody who doesn't know something about a subject, and you're using them to make a point about that subject, the story itself falls apart unless your point is to say, this is how uninformed the president and the first lady and most of the people on that side of this particular subject are about the subject. but it goes to their credibility, that's for you, the lawyer, it goes to their credibility on the subject. she doesn't have any credibility and abc is trying do this for her which is the last thing that journalists ought to be doing. >> megyn: it's a dangerous role for the first lady. we saw her sunday night at the oscar, a star in her own right

and she's given this honor of presenting the best picture oscar which is the biggest, the best one, and then you know, she's giving-- going out on a limb and discussing a controversial issue that the country is very divided on and if you're going to speak to that, especially as the first lady you've got to have your facts right, last word, lars. >> you would hope she did. what she needed to say is criminals murdered this young lady and criminals with guns should be prosecuted. but that doesn't-- her husband's own proposal does not address pistols which is are the deadliest thing in chicago. >> megyn: the cook county attorney is requiring 85% of the sentences to be served. got to serve more time where they're focused on a local level in chicago, less controversial. >> that are appropriate. >> megyn: lars, thank you. releasing thousands of illegal immigrants from custody is sparking debate how the fed is making these decisions and whether the president is doing something impeachable?

>> there's a horrifying shark attack getting attention around the world today because it played out like a scene from the movie jaws. a shark estimated at roughly 14 feet long goes after a swimmer off a popular beach in new zealand and then the situation goes from bad to worse. when two other sharks are spotted joining in, and this is disturbing, we warn you. trace gallagher has the report. >> there were 200 swimmers on the beach when it happened. and before the attack happened, said that a great white swam by him. nobody believed him because shark attacks in new zealand are so rare. so this happened, 46-year-old adam strange, an award winning film and tv director swimming 600 feet or so off shore and a nearby fisherman said he saw the shark attack and told the

man to swim towards the rocks, clearly it was too late. listen. >> just shout out, a shark, and saw him, like, floating around and there was blood on the water. and it was like, one shark, but six minutes after that, we saw about like three sharks, floating him around. >> police say the blood definitely attracted at least two other sharks, possibly three. police and lifeguards then got into inflatable boats and began shooting at the shark or sharks. by that time, the victim had already been drag into deeper water. listen. >> my team discovered the body, discovered the sharks, still there. it was a case of standing off for a while and put up a plan in place. >> yeah, so using a helicopter and fire more shotses they were able to distract the shark or sharks to it retrieve the body. now, the type of sharks has not yet been confirmed, but at 14 feet long, a local marine

biologist had a pretty good idea. >> it's most likely to be a white shark in this instance, in reality the only sharks around new zealand that take on prey as big as a person would be a great white. >> reporter: the last confirmed great white attack in new zealand was back in 1976. 80 shark attacks around the world last year, megyn, seven of them were fatal. which is higher than the average. normally only four fatal shark attacks happen around the world each year. >> megyn: the odds, a terrible story, trace, thank you. and insect experts have a scary new warning for americans as we see the invasion of a nasty species of ant with a venomous sting that report ahead. and a vet was allowed to fight for our country, but learned that a bar fight tating back nearly half a century is

enough to strip him of his right to own a gun for something he did before we sent him off to war. and a heated exchange on hannity getting major attention after a democratic congressman goes on an almost five minute almost nonstop rant on the sequester, the reductions in spending we're looking at this week. why is he so upset? right after the break. >> you say things that aren't true. >> give me one example, sir. >> well, to try to say that it is -- that it is the president's fault and he is to blame is wrong and it's a lie, it's not true. >> it's his fault that we have 16 trillion in debt? ng ] where do you hear that beat? campbell's healthy request soup lets you hear it... in your heart. [ basketball bouncing ] heart healthy. great taste. mmm... [ male announcer ] sounds good. it's amazing what soup can do.

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>> developing right now on a horrific day in vatican city. the pope thanking a huge crowd of supporters on the final full day as leader of the roman catholic church. 150,000 people packing st. peters square it hear the farewell address. and the pontiff will officially retire tomorrow becoming the first pope to do so in 600 years, he told the crowd he was quote deeply grateful for the support and prayers of so many of you not only here in rome, but also throughout the world. while we're take ago closer look today at what is behind a rant in the debate over spending in washington. did you see hannity last night? democratic congressman keith ellison of minnesota

unleashing an angry spiel on sean hannity's show last evening on fnc attacking abudgthe budget proposal-- >> you are inaccurate when you say that the president is to blame here, he's not. it was the republicans in august 2011 said that they were going to cause the american economy to default on debts we already acquired unless, unless they got deeper substantial cuts. and we ended up with a downgrade because of what the republicans did. and after that, we set up this thing called the -- the super committee and when all the republicans members on that super committee had already pledged to grover norquist they would not raise revenue and only do cuts and then after it failed, after all going to-- >> let me ask you a question. >> no, wait a minute. >> you said i could rant and--

>> i've given you plenty of time to rant, congressman. >> do you have a question for me, sir. >> yes, i do, first of all, it was max baucus and it was boob woodward that said that the president requested the sequester point one. point number two my question to you is very simple. barack obama, you said what he said is a-- >> here is my question, here is my question. >> by the republican party sequester is a provision of the republican party. >> the rah, rah, rah, i got it, you know, i know you're a broken record, now let me give you my question. >> you're a broken record. >> is it immoral, is it immoral-- >> you are immoral. >> i'm immoral? what did i do that's immoral? i didn't do anything immoral. >> you say things that aren't true. >> give me one example, sir. >> well, to try to say that it is the president's fault, that he is to blame is wrong and it's a lie. >> it's not his fault that we have 16 trillion in debt? >> wow, joining me now monica crowley, radio talk show host,

and a democratic political strategist to served as an aide to former governor james mcgreevey, both are fox news contributors. representative ellison clearly came ready for a fight and didn't have to go on. it was clear he was trying to pick a fight with sean, for one reason i cannot speculate. you tell me whether he came off looking good in that exchange, monica, and why he's so upset? >> well, congressman ellison is a demagogue and bully and last night with sean he was particularly rude and obnoxious, it's nothing, but, he's performed this way on this network and other places. in addition to being a demagogue and a bully he's a committed and militant leftist. when he goes up against somebody who challenges his leftist views and his leftist agenda, ie, out of control government spending, ie, 6 trillion dollars in debt offer the last four, four and a half years he goes right for the

jugular and he attacks with emotion and he attacks with demagoguery and this is how he behaves. is it befitting after u.s. congressman to behave this way? absolutely not, but this is who he is. >> megyn: and the thing, he was so upset in part with sean's assertion that president obama came up with the sequester, that came from bob woodward of the washington post bob woodward wrote a book on this and keith ellison denied that. it's not a he said-he said. because jay carney president obama's spokesman went on special report with bret baier last week and said this. >> what i will concede is that we were looking and the republicans were looking for a trigger around which to build the mechanism to get us out of default possibility. >> right. >> and sequester was one of the ideas put forward by the president's team. >> megyn: so, why are we arguing whether this came from the white house or not? >> well, i think that the--

i think what rep ellison and again i don't speak for rep ellison, he was pointing out it's not solely the president who was responsible. >> megyn: he said-- >> that that comes out of congress and congress is john boehner and the house republicans, they control congress. so, to say that this was solely on the shoulders of the president is just not true. and then also the president agreeing to the-- or putting the sequester on the table was under duress. the president. >> megyn: it was under duress? >> the republicans were not willing to compromise in any kind of meaningful way to avoid having a government shutdown to avoid having us go over the cliff and so what the president did was propose this as part of many things. but my issue is-- >> the republicans made him propose it and then they made him sign it. >> they held a gun to his head to come up with the sequester idea in the first place and to say that the republicans weren't willing to compromise. john boehner and the republicans during that debt ceiling debate proposed about 800 billion dollars in new revenue, okay?

the president agreed to it and pulled the rug out at the last minute so the entire thing collapsed and we got to the sequester in the first place because the president wasn't willing to agree-- >> listen the republicans have plenty of blame when it comes to the sequester. both, remember, capitol hill, how it becomes a bill, a law schoolhouse rock. congress has to pass it and the president has to sign it, so the republicans guilty and the president is guilty and for a u.s. congressman to go on hannity's show a national broadcast tells the american people that he doesn't have responsibility, that the president-- is false. >> i think what he was trying to say and frustrations that the democratsics have that the g.o.p. has been extraordinarily unfair to president obama and the president proposed the grand bargain, 4 trillion dollars in deficit reduction, 4 trillion dollars. the republicans did not take that deal.

that is on record, that's verifiable, that's fact. after the 2010 elections, monica, remember, the president compromised with the republicans on the bush tax cuts. despite having campaigned against them. despite having his base be upset with him over it. he has compromised with the republicans time and time again. >> but he's upset with the way the republicans are treating him. they're upset with the way he's treating them. they think he's a bully, doesn't listen. okay. >> but bully compromise with them on the tax cut. that's not a bully. >> megyn: i understand it's a partisan divide, i think everybody understands that in washington. you look at the behavior of a u.s. congressman, of a u.s. congressman. >> yes. >> megyn: you are and-- >> i'm rubber, your glue, and he initiated that. he was the one pushing that and i ask you whether this is the kind of exchange that leads people to say i cannot stand politicians. i don't want to watch washington. i don't want anything to do with washington and they have what, a 9% approval rating?

>> and i want to know who that 9% is, who actually approve of congress and it's this behavior that enforces the negative image about congress, also about politicians in general. look, what keith ellison said last night. the republican house actually passed two bills to avoid sequester and redo the cuts. right. redo the cuts in a more thoughtful rational responsible way. and goes over to senate harry reid and kill the bill and you didn't hear that from congressman ellison, there's not truth from the other side and that's why both sides-- >> both sides say there isn't truth coming from the other side. and here is what i see when i see that exchange, i think this guy, do we have this guy to sit republicans and sit down and strike a deal on this? i'm sure there's some obstinate republican on the other side who is also going to give him a tough time. it's just a turn off. and these are elected representatives and people who trust to get something done for us? >> well, i think that the bottom line here is that what

people really want to know is why-- what is up with the sequester, i think what people really want is for the sequester not to move forward and i think that's what the conversation needs to be about. if the sequester needs to move forward the estimates are that the 750,000-- you're going into talking points. >> no, i'm not. >> speaking to my point you can get the talking points online. >> this is not talking points. >> to my point how are we supposed to trust our representatives to get anything done for us when this is the attitude. the way he was talking about republicans, he was, he was so-- >> that happens on both sides. >> so disgusted that hannity was going to be a republican. hannity making the point i'm not a republican, i'm a conservative. >> i don't speak for him. he was disgusted he's voicing the concern of many democrats, many democrats feel that president obama has been subjected to a level of disrespect and obstructionism that has been unseen and if you look at from whether it be judicial nominations, to senate appointments. >> megyn: judicial

nominations? >> and the bush-- the presidency to the judicial nominations? >> and the democrats much to my chagrin have backed bush on many policies some of which backed him on the iraq war which was just war. >> megyn: and judicial nominations, a reason why the republicans almost killed the filibuster and-- >> first of all, president obama's a democrat, had massive congressional majority the first two years and let's get off the obstructionist point. >> it's true. >> after that the republicans got control of the house and republicans have done nothing about about compromised. >> they've shut down a lot of the president's agenda. >> and they gave president obama the tax hike they wanted. where is the balance from the president, and they want-- >> they didn't give him the tax hike, it was whether they signed on or not. >> and they could have blocked that, they gave it to him. and they give it to him. >> they could not block it. >> and the plan on the table right now to avoid the sequester. it involves closing tax loopholes. >> megyn: i've got to go.

i've got to go. >> and i've got to go. great having you both here. this was heated, but civil. they could take a lesson. >> absolutely, right on. >> megyn: all right, ladies, thank you. up next, one man launching a new mission to mars and he says he can do it much faster than nasa and the administration thought was possible. plus, homeland security releasing hundreds if not thousands of illegal immigrants from custody and blaming the coming budget cuts. i mean, we're using that term loosely. still to come, whether the administration is making spending decisions that could add up to an impeachable offense? >> this is almost an impeachable offense, if the president is deciding how to spend money in order to hurt us rather than in order to provide us with the services for which we have paid, and for which we have hired him, he is doing the opposite of what he has taken an oath to do. none of us would want to be told we can't marry the pern we

love. as americanswe believe in freedom. that's what i fought for as a marine, and that's what we believe in as republicans. freedom means freedom for everyone. i didn't use to understand the importance of same-sex marriage, but after learning my brother was gay i wanted the same rights for him. he was the best man at my wedding and i want to be the best man at his. it's only fair that calvin should have the freedom to marry the person he loves, too. it's time for marriage.

>> in just the last hour

we've got the first details of the mission to mars. everyday citizens taking on a privately funded mission that would send two astronauts around the red planet just five years from now and here is the man behind it. >> sending beyond the moon in 40 years, i've been waiting and a lot of other people my age have been waiting and waiting and i think it's time to put an end to that lapse. >> megyn: joining me now managing editor space.com. i love that you brought props, that's mars, we'll get to that in a minute. and this guy is the world's first private space tourist and he donated 20 million and got a ride into space so this is an interest of his. is it likely to happen? >> well, you know from what we're hearing they seem to have a pretty robust plan and skipping nasa altogether and use existing technology now, private space capsules, they

exist, one is launching on friday. inflatable space happbitats that exist, two in space now and putting those together with a man-woman team, on 2018, january 5th, launch to mars. >> megyn: a man woman team because they're going to spend 17 months up there together in a space capsule said to be the size after small bathroom, two people. how is that going to work? >> well, hopefully, if his plan is right, looking for a married couple, folks used to spending close time together. >> megyn: a happily married couple. >> hopefully it's a start. in fact, we heard that he even envisioned folks wilike dr. phil talking to them along the way. >> megyn: dr. phil, reality tv. and asked if it would be partially funded. and if they get the space capsule, what are they going

to do around mars. >> openfully go to mars and come back on a rare opportunity. in 2018 the planets will align so they can shoot this rocket straight this, it will whip around mars, not land, they will come within 100 miles of the planet and come back again. and-- >> of what use is that? >> it's something that's never been done before, now, in the 1960's, when nasa did it with apollo 8, it wowed the world and this would do that except at mars and it's an effort to explore mars and for interest in space and prove it can be done. there are people who say it can't be. >> megyn: already people say it's kind of sad because you've got nasa scientists now tour guides at kennedy space center, offering tours to tourists instead of working on space missions and you've got this guy, dennis, along with rich buddies taking trips out

to the space. >> i think private travel is the the future and nasa is looking to buy trips on private trips for its astronauts and the goal would be if you and i get to book a trip it mars some day. >> megyn: no, thanks, i'll keep my feet planted where they are. in russia they did an experiment with six astronauts simulated it in close confinement for 520 days, how did that go? >> surprisingly well. not only did they spend 17 months locked in a capsule together, it was international, europe, russia, chinese astronaut trainer, and they, you know, tackled all of their personal things, and things you would expect and said, yeah, you have to wise pick it. >> megyn: that's true. thanks. the coming up a new species of ants could now kill you and it's now invading america. oh, joy. i've gotine grams of protein. that's three times more than me!

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>> a warning today about an invasive species of deadly ants. dependent think you had anything to worry about. this nasty guy is the asian needle ant and territory inside the united states is exploding, raising big concerns because its venomous bites can cause itching and burning for weeks and allergic shock and possibly death. hi, trace. >> reporter: hey, megyn, argentine ants are having a turf war and i think everyone should pull for the argentine ants, the run of the mill pests. but the asian needle ants are nasty, the bites can burn for weeks and can lead to deadly allergic reactions.

turns out the argentine ants are kind of lazy and don't want to fight the asian ants, there's plenty of room here and when the asian ants are getting busy making babies, argentine ants are taking the spring off. up until recently asian ants were thought to be rare, but now in new york, alabama, oregon, virginia, they appear to be winning the war and moving into more states that could dominate some 30 states over the next ten years, and i want to show you once again the side by side. the asian ant is on the left. argentine on the right. so if you see the asian ant call term next. if see the argentine ants lovers or fighters, pick one because now they're getting smoked and that's not good for all of us, megyn. >> megyn: or you could just do this, ah! and run. >> reporter: or. >> megyn: another plan that some of us have already in place. thank you, trace. >> sure.

>> megyn: a growing debate whether the federal government should continue it make southern states pay for the sins of the 50's and 60's. as the supreme court hears what some are calling the most significant civil rights case in decades. look at the line to get in today. and he was allowed to fight for the country, but a u.s. veteran learned a bar fight years ago, before he served our country apparently enough for the right to strip him of his right to carry a gun. and they've retraced the route of one of the greatest disasters in maritime history. will anyone buy a ticket to sale on the "titanic" ii? of course we're talking about the "titanic." we have to do it. ♪ i believe that the heart does go on ♪ ♪ [ male announcer ] it's simple physics...

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>> fox news alert and to the

u.s. supreme court, in a case so significant it's being called the biggest civil rights case in decades. brand new hour hereof "america live." welcome, i'm megyn kelly. the high court is weighing the future of the voting rights act of 1965. specifically, should states in the south continue to have to pay for the sins of the 50's and 60's and prior to that when racial discrimination was granted and the feds at last stepped in. this case is such a big deal, shannon bream tweeted out the picture with the folks lined up around the block, stretching all the way around the block to get into the high court just to hear the arguments, and shannon bream was one of the lucky ticket holders and she joins us live now from the steps of the high court this afternoon. shannon? >> well, megyn, the justices have a very delicate task ahead after one of the most heated arguments i've seen at the court over what they seem to be agree is one of the most important pieces of civil rights legislation in our

country's history and shelby county arguing that each should no longer be under the requirements of the act in 1965. and radically improved there when it comes to minority voters and their rights. but justice asked the attorney if we know there's a disease and the cure is working, why stop taking medillin now? >> there were no costs to what we were doing. if it wasn't a direct infringement on the sovereign states that might be an argument, but here we're in a very different situation, there's a very high cost to pay for the remedy. >> supporters of the act say there's still plenty of discrimination that needs to be cleaned up and that congress was right to review the act in 2006 with large bipartisan majority. >> what we know is that this remedy of section 5, which is designed to block not just the discrimination you see today, but the discrimination that history teachers as coming tomorrow. section 5 is the answer to that type of discrimination.

>> as i said, one of the most spirited arguments i've ever seen at the court. megyn, you having covered the court for years now that often the justices stop addressing the attorneys in front of them and when passionate will start arguing with the colleagues on the bench. that happened a number of times with the justices looking right at each other and addressing their arguments directly to their fellow justice. one of the of the things that got the most attention today was the statement by the justice scalia, and the racial entitlement when for one class, it's almost reviewed by congress if there's that provision tucked into it. what lawmaker wants to be seen voting no to something like the voting rights act. there was a reaction, appeared a physical one from sonia sotomayor a racial entitlement? and they will have a decision by june. >> megyn: it's fun to watch them spar. behind the scenes most of them

are very good friends, but, boy, they do battle themselves when they're sitting up there, the justices. and shannon, thank you so much. >> you've got it. >> megyn: there are nine states covered entirely that, alabama, alaska, texas, virginia, georgia, south carolina, virginia. alaska, is that right? and two states actually have specific counts, covered by it it. and we'll track the progress of the case as it goes forward, stay tuned. >> now to the sequester showdown, oh -- what is it, again, it's like what you do to the jury when they're deliberating, it's a weird term they came up with to describe the automatic decreases to the scheduled automatic increases we're going to have in spending. spending is going up, but not as much as originally scheduled to go up unless they reach a deal. in the context of all of this the war of words, heating up

between bob woodward and the obama white house. mr. woodward slamming the prae president's handling considering he's trying to make it as painful as possible to our military readiness and other programs and adding he has not seen this kind of quote, madness in a very long time. a statement some are suggesting is a veiled comparison to the nixon administration he apparently helped to bring down with the reporting. why is bob woodward so angry? we'll take a facebook looked moments from now. we're hearing criticism of a budget move made late yesterday in the context of this role, the department of homeland security is now in he is tense giving out get out of jail free cards and hundreds and told perhaps could rise to 10,000, maybe 10,000 illegal immigrants. the agency says it's a cost cutting move and it's coming, of course, before the so-called sequester even kicks in. this sparking some serious debate how feds are making budget decisions. now there have been warnings

by many that the president was going to cut or do things that would be most controversial in order to gin up opposition to these decreases in spending, that he was going to do that intentionally to shore up his side of this argument and here is how our own fox news judicial analyst, judge andrew napolitano addressed that possibility yesterday morning. >> this is almost an impeachable offense, if the president is deciding how to spend money in order to hurt us, rather than in order to provide us with the services for which we have paid, and for which we have hired him. he's doing the opposite of what he has taken an oath to do. >> megyn: peter johnson, jr. is a fox news legal analyst with me now. strong terms. >> how are you. >> megyn: i'm well, thank you. m an impeachable offense. the day after we see him say that we see ice releasing 500 illegal immigrants and now

going to release 10,000. is this okay for them to do. >> and this hasn't taken place yet. and hasn't had the sequestration taking place and looks like it's going to, and everyone has in the inconsequential, move by a white house in 60, 75 years. >> megyn: that's saying something. >> now, judge napolitano says well, it's an impeachable offense, if the president is doing this intentionally. >> megyn: if he intentionally inflicts pain on the country. that's a bit hypothetical we don't have evidence to that. we do know though that the president has put out this list of horrible, just this parade of horrible state by state, at that he says will occur because of the republicans, and that he intends to execute it. the real question is, what does the statute say? judge napolitano with focus on it, would you focus on it, i would focus on it. broad cuts. >> megyn: the statute says. >> yes, or the little ones,

ppa's they call it versus the big budget accounts. can you take a reduction in the larger scheme of things in order to save more important things or do you have to say, he no, i'm the president the congress passed this sloppy bill and i intend to execute the rule of law and do it point by point in this little accountants way. well, then when did they ever operate in an accountant's way, they've got executive orders, unconstitutional recess appointments and in this case, oh, no, we're complying with the letter of the law, you people are going down because of the republicans. it doesn't say that it's his idea, that bob woodward knows it's his idea and passes on to harry reid in the senate, doesn't tell you that part. >> megyn: the statute requires him it make cuts from person agencies in the board. but does it require him to actually say at ice, or for

the ice administration say, okay, we need to let these he will legal who we believe need to be deported. and ice is under dhs for paying for training for employees that involves some zombie simulations all on-- >> zombie-- >> aren't there better ways for the federal government to start saving money rather than releasing-- look, we paid for this, rather than releasing detainees? >> i don't have proof of this, but appears to me that this is a targeted event and so, it's the federal government and the white house saying, oh, oh, oh, you republicans really screwed up now. these are the people that you want to cave, but you made a mistake and now we're letting them go. you've got what you didn't really want, but this is where we are today. i don't believe that we don't have any evidence that this is impeachable based upon the president's conduct.

and it's very hard to bring a lawsuit against the federal government based on the allocation of resources. >> megyn: and i should point out before you finish your point the white house is saying look, ice did this, the president, the white house had no involvement in this decision, go ahead. >> but they always say that, when an agency or a department makes a decision, they say welsh that's the agency, that's the department. we don't have responsibility for it unless we want to take credit for it. if it's a problem, it's their decision, we don't know anything about it. i mean, so, what happens going forward? will the president, when the sequestration goes through and as you point out it probably will, will he be following the letter of the law or taking a viewpoint that's best for the nation, saying i'll take these cuts, but i'll do it in a way that minimizes disruption, not maximizes disruption. if he maximizes disruption then he's being a bad faith president. >> megyn: the arizona sheriff paul babeu saying illegal

immigrants criminals are being released need ilessly endangering american lives and even on your point, the far left, the daily coast has a piece today, this is clearly a shot across the bow at republican obstructionism, breitbart calls it blackmail. >> what woodward was talking about, nishxon engaged impoundment of funds, and not spending what congress wanted them to spend. >> megyn: woodward said could you imagine president reagan doing this, he's not-- and can you imagine president reagan or even president bush. >> and in good faith. >> megyn: peter johnson, good to see you, too. the white house over accusations that the president's former campaign fe team is selling access to the president to the highest bidder accord to go the new york times. here is how our own ed henry

was broke breaking the news. >> common cause not exactly a conservative group came out today and didn't say reform this, they said shut this group down. >> megyn: well, the president of common cause will be here live with me next. you don't want to miss this, as the white house and the group in question, the campaign off shoot claim that no one is doing anything wrong here. and, this man fought for our country, but thanks to a bar fight dating back nearly half a century that happened before he went off to fight for our country, he's told he no longer has the right to own a gun. kelly's court picks up the case today. set to sail in 2015? a building investor is building an exact replica of the "titanic," run the same route through the north atlantic. would anyone really buy a ticket on the "titanic" these days? when you have diabetes...

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>> new development today, an important story we've been tracking and the president's former campaign team has formed a group that's focused on advancing mr. obama's legislative agenda, things like gun control and so on, but to get the ball rolling they sent out a fund raising pitch that sounded like they were selling access to the president, as the new york times first reported over the weekend. well, common cause, which is a public advocacy group, nonprofit, left leaning, expressed its outrage in the wake of the report and called on president obama to shut down that organization and his former campaign team. that former campaign team today responded to the controversy, saying, quote, supporters have shown interest in taking a part in organizing for action, what's it's called now, because they believe in

the president's agenda, no one has been promised access to the president, end quote. bob is the pressure of common sauce, thank y cause and thank you for being here. and your reaction to the reports of denial that they're selling access to the president. >> as now, there have been many reports that this particular organization, spun off from the last election, has asked bundlers up to $500,000, to raise money for the organization and the money allegedly is going to be used to support the president's legislative agenda. common cause just thinks that's the wrong direction. this president needs to be stepping forward and stepping up on the issue of reform. he we want the white house to have a white house conference on reform. we want the president to put his around around senator mccain and fix the public financing system. president obama was the first president since watergate not

to accept the public financing system that was put in place to protect us against million dollars of corruption, now, we're in the setting where billions of dollars a provided to get access, whether it's on the conservative side or the liberal side. common cause thinks that the president ought to pay attention to leaving a legacy through the next president, let's not have our next president regardless of party have to spend 2 or 300 days or 400 days raising a billion dollars, or 200 billion to get elected. let's focus on getting the job done and be president and there are lots of organizations and there are lots of organizations that can support the president's agenda. i don't think simply asking wealthy donors to step up and bundle $500,000 components four separate access opportunities to the white house. >> megyn: right, there will be quarterly meetings according

to the times report for the president. and how they're going to get things done. do you think this is a violation of what president obama promised he would do and how he would be as president sf because this quote from then senator obama from 2007 is getting a fair amount of attention. listen. >> they write the checks, you get stuck with the bill. they get the access while you get to write a letter. they think they own this government, but we're here today to take it back. >> megyn: your thoughts, bob? i want president obama to listen to his own words. i want him to focus on average ordinary citizens. you know, this is a dangerous moment for democracy, we saw with the super pacs and on the right and left billionaires stepping forward and plowing millions and millions of dollars into the last presidential campaign. some estimates are that it was

7 billion dollars in accounts the billion dollar from obama, the billion dollars from romney, several billion dollars the super pac money plus all of the congressional races. money is dictating the outcome, cooperations and large donors half of the decisions, united decisions plowing money into trying to buy their way into government. i want the president to set a different standard. i want him to step up and say, look, we're going to focus on reform. we're going to recognize the average, ordinary citizen needs to be protected. we're going to fix the election process, we're not going to manipulate it to try to free senior citizens and young people. >> megyn: he said that bob, he said that above and proof is in the pudding at this point. >> that's right, i want the president to listen. prior to '08 he promised that, well, not taking the presidential public financing system, that he would in fact fix it in the first four years, that didn't happen. he put limits on how much

corporate money and special interest money could be used for the inauguration and for the democratic convention. those limits were lifted. now, that he's in his second term, i would just like the white house and the staff around the president to really shift in a different direction, focus on reform, focus on reducing money in politics, not putting gasoline on the fire. >> megyn: i know the white house has come out and says the other group run by jim messina and it is independent, it is independent from the white house and i know you come out and said, that is quote, laughable. do you think we could trust the white house on this? do you think we can trust them that osa and jim messina are not selling access to our president? >> well, this organization is as independent as the super pacs or romney and obama during the last campaign. if you believe that those independent super pacs were completely independent, then i

think you'll probably say, well, maybe this is independent. it's hard to believe michelle obama came out and endorsed it and announcing this great n initiative and then the new york times, the los angeles times discovered that people who give a lot of money for access, it sounds very much like a perpetual campaign as opposed to something that would be positive for our nation. and i've got to say again, in you in your intro called us liberal, left leaning organization. >> megyn: i stole that from the new york times. >> common cause was founded by moderate republicans and those moderate republicans in 1970, john gardner. >> megyn: i've got to run, we're coming up against a hard brake, were you described as a leading liberal group by the new york times, and where i got it and thank you, bob, both sides to this issue, i appreciate you being on. and coming up the fight between woodward and the white house. ♪

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>> we're getting new information today about the meteor explosion that injured more than 1,000 people in russia and about where that massive rock came from. (scream (screams) >> a group of astronomers armed with youtube footage and sophisticated software say they tracked its orbit. a scientist in colombia looked at the video of a hole left in an icy lake by pieces of the meteor and used it to track the trajectory. they believe it's from apollo group of asteroids and traveled more than two and a half times the distance of the earth to the sun. the meteor was travelling nearly 40,000 miles per hour when it hit the earth's atmosphere and amazingly land

in the remote location. most of the injuries were due to shattered glass and related items. well, it was one of the greatest maritime disasters in history. some 1500 people died on the "titanic" maiden voyage in 1912. an australian businessman is hoping to create a squelch better than the original and unveiled the plans to build "titanic" ii not only a modern replica, it will retrace the same route. trace gallagher how you can get a ticket, trace. >> reporter: how you can get a ticket, yeah, billionaire hopes to begin construction this year and maybe maiden voyage in 2016. the side by side the original of course with the rendition of the "titanic" ii. the original you can see it there. he plans to recreate the design as well as the decor almost exact replica, clothing from 1912 in case passengers

would like to dress for dinner and three he passenger classes, you know, just like in 1912. you will not be allowed to mingle with the upper class, megyn. the ship will have current safety standards including plenty of life boats for all passengers and it will run on diesel, not on coal. and palmer says do not call it unsinkable. listen. >> i think if you-- anything will sink if you can put a hole in it, now? i think it'd be cavalier to say something like that, i think that people have done that in the past and lived to regret it, i wouldn't want to justify the story. >> reporter: and asked he if he was tempting fate. he said no. and will other passengers feel like they're tempting fate. this is video from 1912. not the first one, maybe a couple of voyages down the line. deal is it hasn't started construction, as soon as it does kind of like richard

branson does when he goes into space he'll start booking reservations. trans atlantic and do different things people are going to be bored going from the u.s. back to england. so he what they're planning to do now is to do port trips down the road. >> megyn: i think i would do it. i think it'd be cool. i would like to dress like the people dressed back then just for one trip. you know, of course you need like four staff with you just to get you into the outfits and i want to say one of the folks who i speak with on twitter wrote to me saying, when they make an exact replica, does that mean too few life boats? i assume that's one area they're not going to be exact. >> reporter: plenty of life boats and they will he' be mini ships if you actually get stuck in one you'd be able to sail around the world in one of these things. >> megyn: maybe we'll do it together and air the footage on "america live." >> reporter: wouldn't that be great? you and your four staff and me down in lower class. i'd be in the lower class and you'd be the upper class and wouldn't be able to mingle

with you. >> megyn: i'd definitely get a seat on the life boat. not only am i a woman i'm a pregnant woman. and evacuate, and men you have to stay behind. women and children are in. >> i had he' just dress up like a woman. >> megyn: oh, like the guy in the movie. see you. an eye opening story about a man who fought for our country in the jungles of vietnam and how he's now told he doesn't have the right to own a handgun because of a misdemeanor that happened more than 40 years ago. that makes sense. kelly's court takes on the case and veteran journalist bob woodward taking his battle with the the white house to the next level. saying he hasn't seen this kind of quote, madness since the nixon administration. we'll particular a look at why he is so unhappy. i'm here at my house on thanksgiving day,

and i have a massive heart attack right in my driveway. the doctor put me on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go talk to your doctor. you're not indestructible anymore.

>> the murder case involving olympic runner oscar pistorius. the pr firm representing him is now naming the substance found in his bedroom by police as a quote, muscle recovery aid. south african police say they found needles in the bedroom along with the substance. the lead investigator, the guy found out facing seven attempted murder charges and thrown off the case, he said that was testosterone that the guy was taken steroid an illegal performance enhancing drug and competitive sports and actually he said i didn't know what it was, i shouldn't have is a said anything. pistorius isr

freeman after posting bail. and he says he shot his girlfriend reeva steenkamp after mistaking her for an intruder. and up it's unlikely that the trial will start before later this year. >> back now to the fight over creases to the sies of increases year, that the president first oposed and signed into law d had bipartisan agreement. iconic washington journalist bob woodward found himself in the middle of a fight with the white house in the wake of this aft o that after a debate that he started this and bob woodward granted access to the white house, in writing a book, said that's not true and had confirmed that this is the president's idea. that this is the white house's idea, something that jay carney conceded last week.

and now the administration continues to attack woodward and woodward expressed disbelief this morning on msnbc about what is happening with this white house, watch. >> under the constitution the president is commander-in-chief and employs the force, so, we now have the president going out because of this piece of paper and thisagr need to do to protect the country, that kind of madness that i haven't seen in a long time. >> megyn: joining me now ben ferguson, host of the ben ferguson show. and the author of "52 reasons to vote for obama" which is sadly outdated and surely selling like hotcakes nevertheless. and welcome to the program. and president obama's decision to announce that the sequester is going to force an american aircraft carrier not to deploy

to the persian gulf, and woodward is expressing disbelief that the commander-in-chief would not deploy an aircraft carrier, he says we need, because of this piece of paper. your thoughts on it, bernard. >> he calls it a piece of paper like it's a meaningless document. the fact is that it's the law of the land. and president obama has been sworn to uphold that law so he's got to. the fact is that the sequester is like throwing an unguided meat cleaver to the budget, it's going to cut, cut, cut across the board. it's not targeted. it's going to harm our defense, national security, harm vets, seniors, teachers, first responders and i think that bob woodward would do well to look at one of his last books, "the war within" where he criticized president george w. bush for rarely levelling with the american people and not telling them what's going on and what to expect. say what you will about president obama shall, but he is being very clear to the american people about what the impact the cuts are going to have. >> megyn:. >> wait, wait, perhaps not as clear as how we got to this

point. he is guilty, the republicans are guilty. there there is plenty of guilt around. he would have us believe stemming the debate with romney and his folks later on that from the white house. and they want to believe it's about him, and they've signed onto it, too, and we've got decreases to the increased spending that the president says are going to be catastrophic. >> well, i mean, for him to act as if he's going to now abide by the law of the land, i wish he would have done that by actually passing budgets since he's been president which he chose not to do and had no problem governing this country and allocating funds without a budget. now all of a sudden we've got a nonincrease on the increased spending and he's acting as if the world's going to end. it's not going to end, first of all. but he is playing politics and holding people hostage with this. and i think what woodward's

point was, it's the first time we've seen a president that is purposely chosen to make things terrible on purpose and hurt people's lives on purpose it win a political battle, by not sitting in an aircraft carrier, saying not able to secure the border, saying i'm going to have to wait for three hours in an airport to get screened and we don't know if the airplanes are going to take off the you're looking at the reality of the money here compared to what the increase would or would not be under this plan and he's purposely saying, how do i make this the most painful and that's their game plan now and they're doing it well. >> bernard, i mentioned it earlier on the program, even the daily coast, a far west website and said this is clearly a shot across the bow. this is, in reference to the release of the illegal immigrants who have been arrested by the way their cases go forward, but now let off on the streets. he said it's clearly an across

the bow-- and it seems they're agreeing there's gamesmanship with the cuts? >> there's no doubt about that. what's frustrating to the american people. the american people spoke loudly in the election back in november, back then two-thirds of the public wanted to mix of spending cuts and tax increases, that's risen. ab majority of republicans 56% want to see a combined integrated approach and the fact that the politicians cannot sit down and agree and understand that we cannot simply have cut without doing serious harm. what the public wants is for the people to get together and agree on a proper mix of revenue increases particularly on the wealthy, as well as targeted spending huts that won't do harm as the sequester will and suck 85 billion out the next six or seven months. >> megyn: no, no, five years, comes out over five years, just to clarify. >> yeah, where was the president today? the president was on capitol hill and he had time to talk

about rosa parks which he shut have done, but doesn't have time to work on a budget deal and get this done right now which is proof what you just said, i'd be in favor of them coming together. it's obvious the president is wanting this crisis that he helped creates and he's supposed to be leading on. he wants this to come down to the wire solely for political reasons and if he actually wanted to not have everything you're describing happen. while he was at capitol hill. he would have had extra meetings, that's his job as president and that's what woodward is saying? he had the meeting on friday. >> and i mean, friday on the deadline day, doesn't sound like a good idea. >> megyn: what of that. finally meeting with the congressional leaders on the day that the cuts kick in? >> you know what i'd like to see? i'd like to see harry reid and speaker boehner and the president get together come out of the oval office and we're going to use simpson bowles as a frame work and go

back to that, made a lot of essential and should have adopted the recommendations. >> megyn: you're cute, bernard. >> i fault the administration and the republican leadership equally because frankly we've got a frame work to deal with this which-- now we're in the crisis we're in. >> megyn: isn't he cute, ben and then have the rainbows and the unicorns come out. he's right. it would be a beautiful thing and we're stuck with the leaders we have. >> and he doesn't want it to happen and that's the obviously point of friday. he believes he's got the biggest microphone around the country and he'll fly around the country like it's campaign mode and scare military and seniors and your lively will be awful for a few days and think it's going to work to his advantage and welcome to politics and why most people hate politicians. >> megyn: and the-- >> the fact it is three quarters of the american people, could hardly get three quarters of the american people to agree about anything. they've said they want an integrated balanced approach.

>> he's not willing to do that. >> megyn: let me just say this bernard because you raised that point earlier. we did have a tax hike the beginning of the year. we had that. >> on people making 400 grand. >> no, on-- >> but now you're saying the same people should be hit with another tax hike. >> no, i'm saying we need to bring that down. >> megyn: but said the rich faced with another tax hike, even if the rich gave 100% of their salary to the federal government it wouldn't solve this problem. even if we did that, gave the rich double tax hikes in the first 60, 90 days of the administration, where are the spending cuts? >> look, i absolutely agree. we have got to have targeted spending cuts. i think there's a lot of room to cut. but doing it across the board in untargeted way in improper, reckless way to manage government and the fact is, the republicans refuse to consider any revenue increases and their refusal to do so and it's ultimately going to come

back and bite them in the now what? >> it's amazing that you actually win the election and then you act as if you're helpless. it is astounding to me, that you win the white house and literally sitting on national tv describing a party that's like infants that need someone to take care of them 24/7. it's not true. if you're such a great leader, be a great leader and while he's on capitol hill have the guts to sit down with his party instead of waiting until friday which is crisis creation from this administration and it's embarrassing. >> megyn: i've got to leave it at that. >> great job, you guys, thank you so much. >> thank you, megyn. >> megyn: coming up next, a vietnam vet who defended our country now learning that something he did when he was a teacher before we shipped him off to war and gave him a gun, now prevents him from ever lawfully owning a gun. his story is next and kelly's court takes up his case. hi. i'm henry winkler.

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>> now he fought for our country and a vietnam vet learns a misdemeanor charge nearly half a century ago has the right to strip him from his right to own a gun. >> reporter: it was 1988 jeff and his buddies were walking back to the base and attacked by a street gang. a couple of weeks later, he saw one on the street corner, he confronted him and a fight broke out and punched him in the nose. misdemeanor assault. paid the $109 fine and released. he went on to serve two terms in vietnam before being honorably discharged. he says over the next 40 years he bought and sold 15 weapons, but in 2008, he went to buy a handgun, they did an instant background check and flagged him for his 40-year-old assault case because maryland had changed the law. so, a punch in the nose in 1968 would cost you $109. today the law was changed, it could land you in prison for two years.

and because of that two year potential sentence, he was now ineligible to own a gun. here is jeff schrader. >> it actually shocked he me, you will this time had gone by and hadn't said word one about it. it shocked me. i was surprised and pretty much demoralized. i'm not a coward, i don't back up for much so it just didn't go well with me, didn't sit well at all. >> reporter: and fighting this now for five years and lost in district court. lost to a panel in federal appeals court in d.c., wants to go back to the full appeals court and says he would fight this to the supreme court if they would take it, megyn, but he's not going to stop now. >> megyn: wow, all right. trace, thank you. well, kelly's court is back in session on the docket today that case, that vietnam veteran and his fight to get his name off the firearms banned list. and jonna spilbor, and you

tell me what sense it makes, arthur to keep this guy on the banned list 45 years after a fight, a fist fight. this is a man we later gave a gone and go off and told to kill people. >> it doesn't make sense, i'm not saying it does make sense, however, as you know, megyn, the circuit court of appeals for d.c. is considered the one step down from the united states supreme court. >> megyn: yeah, what's a biggie. >> they're the best of the best and brightest of the brightest and many people on the supreme court started there. so, they said, look, this is the law. black and white. if you have this conviction, you can't have a gun. it's -- it's that simple what we would call in legal terms, we would call in legal terms, strict liability. and nothing in the law that would give the judge discretion, nothing in the law that would sell, well, if he has the conviction, weigh if he has military service and weigh his criminal background and weigh anything about the

individual. just does he have a conviction? if he does, you can't possess a gun.way he was able to buy an sell the weapons bus he didn't get caught. as the fbi background system-- >> good for us. it's crazy, jeff, you can't have a gun. and you who we gave a gun and told to fight for our country and you can't be trusted. >> that makes no sense. if you're law abiding enough to fight for the country you're law abiding enough for your own personal use. the only thing about the law, this was not the case when he was convicted 45 years ago. 45 years ago the punch in the nose which is unspecified or class of misdemeanor. >> megyn: this man is facing an uphill battle now that they ruled against him. after the break.

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>> one of the things that the d.c. circuit held there was no impediment putting somebody on the banned list because they committed a misdemeanor. that's not too low a threshold. now people who committed misdemeanors potentially lose their right to carry a firearm. >> yes, under the ruling on the firearms ban. what this says, look, you can't say that an entire class of people, this class being anybody who commit add misdemeanor, two years sentence, which seems harsh, and what you can do, the interesting part of this ruling, megyn, 21-page ruling and when you get to page 20 the judge finally says, he they should have applied for

this petition as it pertains specifically to this petitioner, then he might have actually won this. >> that's the thing. >> yes. >> because i understand why they potentially want to make misdemeanor convicts on the list, they're talking people who are fugitives, undocumented aliens, those judged mentally incompetent. convicted of felonies and domestic violence. you beat up your wife, don't want you to have a gun. this guy has a compelling case and what we all do, the supreme court is not likely to take it and i don't know that the full d.c. court is going to take it. arthur, what can he do now? >> obviously, must have already tried this and failed. certain states after ten years allow you to expunge the record. you could go before a judge and say, look, i've got convicted ten years ago and therefore-- >> 45 years ago. >> correct. >> and i'm asking you to wipe my slate clean, some states have it, i mean, even new

york, new jersey, one does, one doesn't. same with felonies, same thing. what, what is interesting here though, megyn, they did have a little wiggle room because sean is right. it's a misdemeanor punishable by two years. at the time he committed the crime, it didn't say how long, how much jail time he could do. there wasn't a cap. >> megyn: 45 years ago, against him, could have said it's unfair for this guy. >> it could have been for him. >> megyn: by the way, never been in any serious trouble. >> a traffic violation. >> megyn: other than that this is a law abiding citizen. and panel, thank you for the story. we'll be right back.