>> it is all the rage right now, the harlem shake. in fact, we're going to do it after the cameras go off. >> no, we're not.

>> when you to it underwater it's really cool except you can't hear the music when you're watching the video. this from the national marine resort in cancun, mexico. the divers who performed it said it's the first time the shake has been filmed underwater. the craze started the internet people breaking out the dance went viral and about 4,000 new harlem shake videos get posted each and every day. >> jon is going to do this and i tell you brand new video out of southern israel, there have been swarms of locusts that have moved through egypt and through southern israel after moving through europe. apparently this year, jon, it's pretty bad out there. so-- they say 30 million of them. i don't know how you count. (laughter) >> we might have to fact check that, double source it, but say thousands and thousands, and millions? >> a lot of messed up windshields, that's for sure. >> so be careful out there with the storm and locusts and

everything else. thanks, everybody. >> "america live" starts right now. >> megyn: fox news alert, a new poll showing the president's approval rating taking a deep dive in the last week. and welcome to "america live" everyone, i'm megyn kelly. seven days ago gallup polling 53 approval rating and that's one of the best showings since 2009. fast forward to this week, a 13 point swing in the opposite direction. only 46% of people say they approve of the job he's doing. and 46% say they disapprove. that's up 6 points. on the heels of this budget battle we've been watching and also comes as americans are paying more and more at the gas pump. you can see as gasoline prices have soared, up nearly 50 cents since january, the president's approval rating has slipped. chris stirewalt is our fox news digital editor and host

of power play on foxnews.com. we wi live. they've been rising and so has approval. and i don't know if you want to call it a precipitous drop, but it's a 7 point drop. >> it's the course correction, i think they would say, on wall street, it's the course correction for the president who got a bump out of getting reelected and people say, okay, the guy won, let's give him another chance, they're in a honeymoon phase for a reelected president and it's shorter and conditional for people who get elected the first time and they already know him and when he does things that reaffirm things voters don't like about the president and haven't traditionally approved of. we start to see the move and i'm sure the sequestration, things like the gas prices and we mustn't ever forget the increase that everybodyaxes, th paycheck that everybody-- >> why would that have

happened last week? that kicked in in january, early january, everyone is walking around, what the heck happened to my paycheck, or mid january if they get paid bi-weekly. this is february 24th, his approval rating and that's a week ago. >> the sequestration fight was the silliest moment that washington has had in a long, long silly season and the doomsday threats that the president and his team were making, the intractable, unending conflict with house republicans and seeming inability to do any kind of a deal, i think, would prove a tipping point for those hold outs who said maybe things will be different in the second obama term. what the president said and did over the sequestration, basically said, no, it's going to be like it has been for the last two years. >> megyn: is gallup an outlying, and showing great polling with other outlets? >> it so happens that the fox

news channel has an excellent polling unit that is quite good and gallup is on track, where i'd like our numbers better. i'm partial that way. but, yeah, these are in keeping with what we see, that the president drifted up, post election, and is drifting down. the trend certainly seems to be holding and we'd expect some of that. the question is, this is something that the president has to think about with the strategy he's going scorched earth with republicans and use his political capital to break the backs of the house g.o.p. how much does he have in the bank and will factors like shrunken paychecks, with his-- under his tax deal in january and higher gasoline prices and other things, get voters to the point that they're fed up and now what, your strategy for an all democratic congress in the mid term election, i'm not sure about that. >> megyn: looking at the numbers, our fox news poll says he's at 46%, what gallup says, and the quinnipiac poll,

he's been dropping, not just one. you mentioned the sequester and this whole, the changes to the budget. brit hume was on o'reilly last night and was making an interesting point about how different a tone this president struck versus what brit experienced in his covering the white house and washington. >> president obama's behavior in this business about the automatic budget cuts, this is some of the most peculiar behavior i've seen by a president. a normal president would be trying to reassure the public that this is after all not a large sum of money compared to the budget overall. >> megyn: and he went on, we apologize because that got cut short, but to explain that this president is out there trying to sort of scare people and say the sky is falling, the sky is falling. >> well, may i note first how wonderful it is to get to work with somebody like brit hume can use the phrase normal president and it's got credibility. he's covered, known and dealt with enough of them in his

career that he knows what constitutes normalcy in that very rarified universe, but this. for president obama, this is a big gamble that he's making, this relates to his permanent campaign that he's funding with these huge donations that they're seeking from people who want access, we assume, to the president. and this has to do with his constant warfare with republicans and has to do with constant effort to seek total victory. the question is, does he have enough, if you'll pardon the gas in the tank to get where he's going or will voters eventually tire of scary stuff and will voters eventually tire of gridlock and just tune him out. because at some point, between now and the end of his term, he will become a lame duck, it happens to the best of them, and the question is, is he accelerating the moment in which he becomes a lame duck and irrelevant. he hasn't had a credibility problem with the american people and a lot of folks on the right, but in general he hasn't had a credibility problem with the the american people. but he extended a lot of

capital in the buildup to try to avoid these, you know, spending changes that he signed into law and there's a real question, given those numbers, chris, about whether people are starting to doubt him. they're starting to doubt whether they're getting the straight scoop. >> you got it. and the real fight is just beginning now, which is over the continuing resolution to fund the government. the current one expires on the 27th of march and that's the real bite that's coming. will the president have more or less credibility in that fight after his sequester scare stuff? i would say less. >> megyn: we'll watch it and see how the polling goes. chris, thank you. >> you bet. >> megyn: in addition to the new numberses fox news poll find that americans had it with high gas prices and with the washington spending. the prices at the pump topping the list of voter gripes, 84% say that they are fed up with high gas prices. 81%, that's actually number two, say the growing deficit is frustrating. while nearly as many are fed up with too much government

spending and for that matter with gridlock in washington. they're sick and tired of it it. and look at the bottom there, too, loud cell phone conversations also get whacked, as well they should. ♪ we're also tracking a developing story in washington where there is a new twist in the scandal involving new jersey senator bob menendez. a rich political donor friend of his and claims that senator menendez hired underage prostitutes in the dominican republic. prostitution there is legal, but with an underage prostitute is not and that would be a crime in the united states if in fact he did it as well even if he did it over there. now the donor friend of his is dr. solomon milton and this is a video of the doctor's office raided by the fbi in january. there is now a capitol hill ethics inquiry into the relationship between senator menendez and the doctor and how the senator's political clout seemed to overlap with the doctor's financial

interest. the associated press is today reporting that the embattled new jersey democrat sponsored legislation if passed would have helped the doctor's investment in a natural gas company. there are plenty of allegations. there are several items that are at issue between the doctor and the senator. and that is all available to you online. if you want to look at it, but it's lengthy. at the same time we're getting new information regarding allegations that the senator traveled with the doctor to the dominican republic and hired underage prostitutes. again, that's additionally problematic, if true, a crime here in the the united states for him to have done it. fox news correspondent molly henneberg has more on that. hey, molly. >> hey, megyn, a 23-year-old woman claiming to be one of the prostitutes in a video and she had named-- that person in the video named senator menendez one of her clients in that video now says, what she said on that video was not the truth. her name is nexxis santana and said in an affidavit released yesterday by one of the

dominican republic lawyers ensnared in this story quote, i never agreed to be filmed for quoted for the video in the news, i never slept with mr. menendez, or mr. melgen or mr. vinicio. i have never even met any of those men. she says she was reciting what a lawyer told her to say and didn't know she was recorded. fox spokes to senator menendez the last hour and the tape came in and he always maintained that he did not pay the prostitutes in the video for sex. here is what he said today. >> the bottom line, i don't know anything more than what i've read in the public reports. but i can only say what i said from the very beginning, that nameless, faceless, anonymous through right wing blogs drove into the story that was absolutely false, that these were smears that began during

my election process and that increasingly become obvious that that's what they were. smears and in an attempt to affect the results of an election. >> but the daily caller website, which published the video last fall, says the woman now denying that she even met menendez may not have been one of the prostitutes in the video. the daily caller says, quote, both women, the daler caller interviewed said they were this years old at the time and not 23 and neither went by nexis, and they spelled out their name in the the prns of a lawyer. melania figuro said that he faithfully represented what he told him. >> megyn: and the right prostitute recanting what testimony she may or may not have given and underage is not

an issue in this and we're talking women legal of age. >> and 23 is the woman who had the affidavit said. that's what we're talking about today. women of age, one saying she was in the video and didn't tell the truth, but the daily caller says she wasn't the right woman from the video. >> megyn: okay. thanks, molly. and not molly's area of expertise, she's a washington correspondent, this is not her beat, if you will. nor mine, i didn't mean -- just, who has the hooker beat, see if we have that. and new jersey voters are not happy with senator menendez. according to a quinnipiac poll, his popularity dropped 15 percentage points between january and february. well, a federal panel is now recommending what kaiser health calls drastic changes to the way we pay our doctors. dr. siegel tells us what this means for doctors, their

patients, and the issue of access, next. plus, days after the earth opened up and swallowed a man, killing him in florida, a second sinkhole now appeared miles from the first. raising fears and questions, how would you feel if you lived in this neighborhood? why is the ground giving way in this area, and what is the risk elsewhere? and vice-president biden recently suggested that worried home owners could scare off bad guys, blasting at the door with a shotgun if they think there's an intruder on the other side. a virginia home owner tried that over the weekend and the judge will explain why the home owner is now the one in a whole lot of trouble. >> said, jill, if there's ever a problem, just walk out on the balcony here, walk out, put that double-barreled shotgun and fire two blasts outside the house.

>> a growing health care debate after a major medical group unveils a dramatic new plan for dealing with a significant shortfall in the medicare system and basically talking how doctors are going to get paid for taking care of seniors and others. they're calling for quote, drastic changes in the way that doctors and other health care providers are going to get paid an and can that affect you? dr. marc siegel from the a-team and an associate professor of medicine in nyu's langone medical center. this is a group of physicians and others who get together and say, we're not paying doctors in the right way. we have to improve the way we pay them and they want to reward value, not volume. so, what are they going to do, just assess how well you do in treating a patient and adjust your payment accordingly? >> in a word, yes. and national commission on physician payment reform. it's a bunch of generalists, a bun of primary care doctors like me, and they're saying, this part is right.

they're saying there's a lot of waste in the system. and doctors overordering tests and procedures. overordering surgeries, and there's no brakes on it. know way to control it and it's a lot of waste and let's reward quality and by the way, this is the hope for us, one of the thrusts of obamacare, let's put in more regulations and let's try to reward doctors for doing what's called quality medicine. but there's a big down side to this. first of all, who's going to determine this? second of all, doctors are going to cherry pick their patients, doctors are going to say, i don't want that patient. too many problems, can't be efficient with that patient. things keep going wrong. he falls into the volume category, i can't make them better, they're sick, they're sick, i'm going to be penalized. and then surgeons are going to say, i've trained ten years, 15 years to do the high-tech solution and they're not paying me for it anymore, why did i go to school for that. i got to be the best doctor in the country and--

>> what do you mean they wouldn't pay for it anymore, we're going to pay you, just incentivize you to bring value to the process as opposed to churn them and burn them. >> because, there's something called bundling payments they're going to do as part of it. i like it conceptually. somebody goes in for a surgery, but when they're done with the surgery, they're still in the hospital. fatigued, the not sleeping right and get an infection and instead of paying for each of the things, they give you one big payment for all of it. but the problem with that, you could see what the problem is, the surgeon has paid for the procedure they do. and they're going to take that away and say we'll pay you for the whole hospitalization. >> so he or she only gets a share of the whole pie. >> that's right, and the team will get paid, and it's good for the team concept, but i think it's bad for quality medicine. it's there for high-tech solutions and that's of course the direction we're going in this country. you know, with all kinds of new techniques we have. >> megyn: one of the things

they talk about is how there are so many things messed up about our medical system and the way we pay the doctors and charge the patience, but they offered this example. they said, okay, medicare, for example, if you get an echo, an echocardiogram like an ultrasound of your heart in a hospital. medicare will pay $450. if you get it in the doctor's office only $180. one of the doctors on this panel said there is no reason for that whatsoever. we have to find ways of evening that out so that patients don't have incentive and doctors don't have incentive to do it one place and not the other. it does seem like there can be some fixes to the system. >> megyn, excuse my-- my hospital has to excuse me for saying this, but that one i like. that one i like. i think there should be be a uniform payment for a procedure no matter where you get it. the hospital or the doctor's office. that plan i like. the part, determining qualities. who is going to determine if you're being efficient. >> megyn: what's the answer.

some board, some obamacare board is going to determine it. i don't think they're good at it it. i am inefficient and come to the right answer. sometimes it takes a while. i don't want it to be extinguished. doctors are artists at what we do. there's he a matter of being efficient, but if it's a matter of a big weight of regulation. >> don't you like higher co-pays, you like that. courses the patients to have some skin in the financial game. >> exactly. obamacare is the opposite direction, more co-pays, and health care accounts and-- >> decrease some of that weight. >> that's where we should just start. >> megyn: takes him a while to think of it. that's not true, he's just being humble, modest, like that he gets it. moving on, days after the earth literally opened up and swallow heed a man in florida, a second sinkhole appeared miles from the first, trace is

next with the growing worries in florida and what's causing this. and secretary of education is meeting with reporters and trying yet again to tamp down a controversy he started about whether he exaggerated the impact of the spending changes that are now starting to take effect. this is at least the fourth, maybe the fifth time he's tried to comment on this. and we will debate whether arne duncan has become officially exhibit a in the fight over how the administration has handled this budget news. . >> and there are literally teachers now who are getting pink slipped, and pink slips? that was probably the wrong word. when you have diabetes...

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>> one of first lady michelle obama's top priority.

family members is not the only thing she's worried about. yesterday she told how important it is for dogs to have exercise and good diet, too. >> dogs are no different, you want to make sure they're eating a balanced diet and if they're not active, that their food is reflective of an active dog and throw that ball and get them running. >> no different at all? >> now, very little difference and her point is well taken. as a dog owner myself. she says that she and the president like to joke their dog bo is lazy and they encourage their daughter to take him out for walks and you can he see evident of that with your very eyes right here. >> developing right now, new information on the second sinkhole discovered in florida. the two miles from the scene of the first, that killed a man when it swallowed his bedroom last week. tr trace gallagher has the latest, this is getting very strange, trace. >> yeah, we know that the

sinkhole that killed 37-year-old jeffrey bush, megyn, has been filled up with gravel, kind of an effort to stabilize the ground in that area because there's still structures in that area that are threatened. we got a much better look when they tore the house down how big the sinkhole was. we've seen wider sink holes and of 60 to 65 feet deep and if you're jeffrey bush and the ground falls away and you fall six and a half stories to your death. before they poured in the gravel they held a makeshift memorial, in the victim's honor, putting personal items in the bucket and dropping it into the hole and bush's brother thinks that authorities could have done more, listen to him. >> i feel that they could have tried harder to try to get my brother out of there. and that this this is-- that was my brother, my mom and dad are going through so much right now, and nobody, nobody's even talked about my mom and dad what they're going

through an and my mom and dad don't want to be on camera. my mom and dad are going through hell right now. >> reporter: the rescue teams say it was way too dangerous to go inside. and two miles away another sinkhole has not damaged any structures or threatening any, but it's nerve wracking for people who live in and around the tampa area to get like nine or ten sink holes, and very seldom back-to-back like these. and florida has underground limestone caverns, up and down and erodes the rock and it collapses and you see what happens there. florida gets them. remember this in guatemala city, this thing, they said, was 65 stories down, megyn, one of the biggest sink holes ever recorded and they're still studying this thing. in florida, they're looking for answers as to what's causing this rash of sink holes in hillsboro county in and around the tampa area. a lot of people kind of very

nervous. >> megyn: i mean, something to worry about living life on this earth and now you've got to worry about the earth taking your life. trace, thank you. >> reporter: okay. >> megyn: well, a top member of president obama's administration doing a major about-face. >> and there are literally teachers now who are getting pink slips, and i said pink slips, probably the wrong word. >> megyn: up next, education secretary arne duncan and the questions over whether this administration has exaggerated or flat-out misstated the expected fallout for the spending changes that just kicked in. we're going to take a closer look at the evolution of arne duncan after the break. and colorado is the hot spot for the second amendment rights after lawmakers moved a bill that would hold gun owners and gun makers criminally liable if their weapons are used to commit a crime. judge napolitano joins us on what could become one of the most dramatic gun laws in the country.

today a senator from montana meets with the ambassador from singapore over the death of an american engineer. we brought you the story and friday. police overseas in singapore said this guy, he's an american working for a singaporen company, he killed himself, it's suicide, but his family says he was murdered, after complaining that his company was using him to provide the chinese with sensitive military secrets. >> it was a typewritten note that they said they got off from his computer and the note started by thanking ime for giving him every opportunity to succeed and he was sorry he did not meet their expectations. that was my first sense of joy as a mother to know, my son did not write this note and i knew in my heart at that point he was murdered. he did not take his own life. m. m. i love making money. i try to be smart with my investments. i also try to keep my costs down. what's your plan? ishares. low cost and tax efficient.

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[♪...] call or go online now. [♪...] >> the obama administration getting more pushback against its claims about the possible fallout of recent budget changes. and now, at least one member of the president's cabinet is changing his tune after a week of standing by his original story which we now know was not true. in the week before president obama signed the spending changes -- spending changes were signed into law a long time ago and then president obama had to actually sign something to execute them on friday night, but in the week leading up to that we had several administration figures coming out and warning the

american public of dire consequences to the decreases in the expected increase in spending this year. so, then spend more just not as much as we thought we were. lots of administration officials came out and said it's going to be catastrophic. we really need to worry. and one of them was education secretary arne duncan who repeatedly, at least four times, warned not only of impending layoffs for teachers, but actually went so far as to say pink slips were already being handed out to teachers. now after being repeatedly pressed on the issue, and given four pinochios by "the washington post" on his claims, secretary duncan is saying, he misspoke. here is how it played out over the last week and a half. >> there are literally teachers now who are getting pink slips, who are getting notices that can't come back this fall. >> you're confident that they're already getting pink slips as you said? >> yeah, i know they -- and

just, just that they have an early notification than most, so cannawa county, west virginia and the vast majority of them rolling out the next two months. >> secretary duncan, earlier this week on a couple of occasions you said that there are teachers who were already being laid off because of the sequester. are you prepared to say now that that was an exaggeration on your part? >> really, really clear on this, and get into detail with you. what i said was that teachers were getting notices and the district we talked about, 110 teachers have gotten notices. now, i think there was a misinterpretation that they were being laid off tomorrow. that's not what i said, not what i meant, but let's-- >> now-- >> they're getting slips now, notices now, so, that, i think was some of the misunderstanding was. but the fact of the matter is, whether it's what's already happened or coming across the country, over the next two months, which i also said, tens of thousands of teachers potentially are going to be

getting the notices across the country. so the impact here is very, very-- >> so, i said pink slips, and that was probably the wrong word, i should have used job eliminations, positions eliminated and you sort of heard repeatedly, that to be clear there and secondly i said impact on teachers, i should have said impact on educators not just teachers, sports staff, guidance counselors and folks working with special education students and language matters. >> megyn: language matters, that's what he says. and joining us syndicated radio host and lars larsen, syndicated host. and i don't know where to begin, i want the viewers to know it goes deeper than this. he sate literally teachers now who are getting pink slips, who are getting notices that they cannot come back this fall. that was february 23. february 21, which of course is two days before he made

that initial claim on the sunday talk shows, on the sunday talk shows, the first bite we showed you, two days before he had a conference call with reporters where he said, schools are already start to go give teachers notices and said 40,000 teachers could lose their jobs, when pressed by reporters later after the facts came out on how that was not likely to be true, some staffer of his said, well, that's a rough back of the envelope calculation and rough back of the envelope, february 22 he says it and then on the sunday talk shows and says there is a higher bar and should be with this administration now and what we saw on the sunday talk shows and benghazi and susan rice and what happens and doubles down on march 1st and says, yes, they are getting pink slips and "the washington post" says four pinochios, they aren't getting pink slips, one county you're identifying is maybe laying off five or six teachers and it has nothing to do with the sequester. lars? >> megyn, if you're going to do presidential prevarication,

the president expect his cabinet secretaries to back him up. those of us who have been reporting on government for decades, the government is constantly crying wolf every time they don't get increase that they want. like bill clinton trying to design what "is" is. and they expect the mainstream media to go out and wtheir word check with the school districts. are people really being fired and are they being fired because of federal funding which, believe me, call your local school district, federal funding is a relatively minor portion, a measurable portion, but a minor portion of school funding, police funding, firefighter funding and the like. yet, these guys know if they don't go out and back up the president and say this is going to be a financial tsunami for local government, then it's oh, we're cutting 2 1/2% from the federal budget and it's not going to have much effect at all. the president needs it to be seen as a crisis and i can't wait for leslie to explain how

a cabinet secretary can lie to the public about something this serious. >> megyn: that's what i want to-- >> oh, i'm sorry, i misspoke. >> megyn: i want to ask you that question, do you believe he was blatantly dishonest or that he misspoke as he now claims? >> megyn, i have a problem that misspoke, i had a problem with the problem with it with the former president and wmd's, a problem, you either exaggerate or an outright lie. this is not an outright lie, lars. americans aren't stupid, pink slip, job elimination, the reality is that over 4 million dollars specifically of federal funds, specifically to education, is going to be cut. the reality is, that 37,000 jobs in education will be cut, 25,000 of those will be teachers and teaching assistants do sometimes and do not sometimes fall under that 25,000 number. so it could even be higher. so, you know, the fact that

he's saying that these pink slips were issued now, i believe, that that he misspoke, outright lie, exaggeration, that's not true. the fact that pink slips will be issued and to me, the bigger issue is not the semantics, but what we're doing to our kids, what we're doing to the programs, like head start, children who have special needs and disabilities and require that education, that to me should be the issue, not this guy kept saying he wants-- >> he raises a good point. that may have been the debate we would be having, right? what actually is going to happen and whether it's a good thing or a needed thing or a bad thing, but instead, we have somebody who didn't tell us the truth, lars, repeatedly didn't tell us the truth and this isn't a fox news thing. "the washington post" has been calling this guy out repeatedly and even when he was given the chance to clarify, once again, and then once again, beyond that doubled and tripled down not just with the initial claims with pink slips going out and

overstating the number saying it was a hundred teachers when in fact the administration estimate for the whole state of west virginia was 80 teachers and aides might be affected and he's saying the teachers in west virginia having "the washington post" and others saying this guy isn't straight with us. as it turns out, he wasn't, lars. >> well, it's dishonesty and the fact is that leslie needs to think about something. in the private sector, over the last five years, i think i can say all of us have taken cuts. i have personally shall the companies i work for have taken cuts and what they do they sensibly look around and say what are the things we need to have and what are the things that are nice to have. and some of that is personnel. and you make adjustments, and sometimes you even go to your work force and say the company isn't making as much money, we need to make cutbacks, but if we could get all of you to take a pay cut or cuts in other benefits, then we could still have the-- >> i get that, i don't want to be too hard on secretary duncan. he seems like a nice guy, quite frankly, you should be. >> megyn: and reports are that

he is. >> he he's a lying. >> megyn: leslie, i think am i naive? does honesty matter anymore in politics? should we be expecting our cabinet secretaries to level with us? because i tell you we did a debate the other day about president obama making warning about janitors on capitol hill being laid off and that got four pinochios from "the washington post" as well. >> megyn, i have to say, left or right, whether it's the commander-in-chief, the head of the educational department for the entire united states of america, i really have given up on 100% of the truth from either party, from any position. and i think it's sad. what i think is awesome is that we have the ability, from some liberal media outlets, lars, like "the washington post," did you notice, to call people out, whether it be with pinochios, pants on fire and i think it's, you know, awesome that we have the ability to tactful tactffactactfufact -- f

this and the american people get a second opinion with the doctor and-- >> and the-- >> they say these teachers will lose their jobs in the long run that haven't been issued pink slips today, but many of them will. >> megyn: we've got four pin noke pin-- pinochios and pants on fire and my own chestnut passed down generations from my family and that works, too, although-- we'll pick up credibility on fox news and whether it's been sacrificed in in battle. thank you both. >> thanks, megyn. >> megyn: vice-president joe biden recently suggested that worried home owners could scare off worried home owners by firing a shotgun through a door. and you knew it was going to happen. a virginia home owner did just that and next judge alex on why that home orwner is in a lot of trouble. >> and jill, if there's ever

anybody, walk out on that balcony, walk outside and fire two blasts outside the house. 4

>> vice-president biden telling that if someone is at the home. fire a shotgun through the door. and a virginia man did that and trevor snowdon is facing serious legal trouble. and judge alex, first of all, this guy is charged with reckless handling of a firearm, been released on a summons, is it a defense for him to say the vice-president told me this is going to be okay? >> no, no, that's not a defense and pretty much all of america agrees you should not rely on senator biden for firearm handling advice. >> megyn: vice-president now. >> yes, vice-president. and actually firearm advice has been illegal, i don't care if you're democrat, republican, independent you should not be following his advice. >> megyn: you're a former

police officer? >> yes. and i've heard several versions of the story and read several versions and one of them, he sees somebody outside the house and fires wildly through the window with a shotgun which i guess is akin to what senator biden said shoot through the door if you want to get somebody away from your door. and completely illegal. i mean, you know, you might be afraid, but there's no imminent risk of danger there, and in self-defense in most of the united states and virginia in particular, is the castle doctrine when you're in your home. you don't have to retreat from imminent risk of bodily harm or death. when they're outside the house and call 911 and wait patiently with a shotgun and wait for them to come in, not shoot through the window and accidentally kill your neighbor's kid. >> megyn: and the business of shooting through the door, we saw this in the oscar pistorius case you shoot through the door because you're afraid. the department in this case's theory, you could shoot an innocent person. >> absolutely.

>> megyn: that's why the law generally requires you to have a clear target or view of something before shooting. >> and you can make a mistake and still not be charged. as long as a reasonable person would be in imminent fear of serious bodily injury or death. the other version i read might be his explanation later he when he was this troubling masked men with guns were coming through the bedroom woman and he slammed that shut and he shot through to door. >> and a reasonable person seeing masked men coming through the window armed would be in imminent fear of serious bodily injury or death so that would be appropriate. >> megyn: so, trevor, 21, 22-year-old trevor is facing these criminal charges, but he can also be sued, could he not, judge? you could potentially be subject to negligence case, to possible wrongful death if you shot the wrong person? >> if you live out in the sticks, you know, you probably

have no problem if you're in like the country. but most of us live with neighbors and bullets and shotgun pelts do not stop at the boundary of your property, they continue until they come to rest somewhere, preferably not in your neighbor's child or something like that. and those kinds of mistakes, number one, obviously, can get you criminally charged if you didn't abide by the law and number two, will most certainly get you civilly sued. so he could have faced civil liability if he had actually injured anybody. if there were actually criminals and frankly, nobody would care if they were criminals. >> megyn: and just so the viewers know, judge awilkes says do not take the vice-president's advice on this. a law professor comes out and says it's a stupid advice firing a shotgun out the window or porch is illegal anegligent. there you have it, don't listen to that particular advice from the vice-president and good luck to you, trevor. judge, thanks for being here. >> always a pleasure, megyn. >> megyn: see you soon. up next, washington starts to take action in the case of the

american engineer found dead in singapore. was it murder or suicide? hey. they're coming. yeah. british. later. sorry. ok...four words... scarecrow in the wind... a baboon... monkey? hot stew saturday!? ronny: hey jimmy, how happy are folks who save hundreds of dollars switching to geico? jimmy: happier than paul revere with a cell phone. ronny: why not? anncr: get happy. get geico. fifteen minutes could save you fifteen percent or more. it fills you with energy... and it gives you what you are looking for to live a more natural life. in a convenient two bar pack. this is nature valley. nature at its most delicious.

>> we are watching new developments today in the suspicious death of an american overseas. shane todd was an engineer found dead just two days after wrapping up work in singapore. police there say it was a suicide. but his family says, it was murder. and they claim that the people who killed him were trying to use shane against his will to undermine u.s. national security. trace gallagher has more from the west coast news room. >> reporter: now, megyn, you have the senate and u.s. state department involved and remember, shane todd's people say they have a key piece of interest, and not going to hand it over and max baucus

involved now talking with the singapore ambassador about the strange circumstances surrounding this case. remember, police in singapore believe that shane todd hanged himself using an elaborate pully system and left suicide notes and the parents say they saw no evidence how he hanged himself and he did not write those suicide notes. they believe he was murdered because he learned about a plot that would threaten national security. shane todd worked for a singapore government contractor on cutting edge technology to improve things like cell phones and computers, but it could also be used to jam radar systems, and build better radar systems. that technology was being acquired by a chinese company that the u.s. congress listed as a national security risk. now, the piece of the puzzle i mentioned earlier, is shane todd's computer hard drive. the parents believe it was already breached, it could hold some answers. here are the parents talking with you, megyn on "america

live." >> so we want pressure put on the singapore government, the singapore police from our government in a congressional investigation to bring the two together and really investigate this as a -- as a -- for our u.s. security. >> reporter: yeah, so the pressure is clearly working now you have baucus and the state department involved, megyn. we are also watching this very closely. we'll keep you up to speed on any developments. >> megyn: very good. all right, trace, thank you. white house spokesman jay carney and journalist george will had a sharp exchange by the recent statements b press secretary. raising this question, is mr. carney starting to have a credibility problem? we'll take that up in a bit. and colorado has become a hot spot in the fight over second amendment rights after lawmakers moved a bill that would hold gun owners and makers criminally liable when their weapons are used in some crimes. judge napolitano is next on what could be one of the most dramatic gun laws in this

entire country. >> and the believes the second amendment is under assault. >> one by one, and we start losing more of our freedoms.

>> fox news alert. colorado becoming a hot spot in the the fight over second amendment rights today after a legislative committee approves a controversial bill that would make weapons manufacturers and sellers liable for crimes committed with their guns. a brand new hour hereof "america live," welcome, everyone, i'm megyn kelly. this legislatures would be one of the most dramatic gun laws in the country. it's polarizing people in the state. they believe they have the votes. crowds of gun supporters rallied outside the state house where victims of gun violence testified in hearing rooms that were packed with people. there were survivors of columbine, rell atives of sandy hook, and mark kelly whose wife congresswoman gabby giffords was shot in 2011. there were strong arguments on

all sounds. >> you have to be out of your mind to believe that someone with a plan to kill will not get their hands on a gun. >> a background check is not a-- >> and i'm telling you this law is unenforceable. >> believe their second management rights are under assault. >> and this right does not extend to criminals. >> megyn: well, colorado is working on a number of new gun laws and this liability issue is getting a lot of attention. judge napolitano he is a senior judicial analyst, what they're trying to do is impose criminal liability or civil liability? >> civil liability. >> megyn: for whom? >> for the manufacturer or seller or the reseller, if the gun is used to commit a crime so if i'm in a gun shop business and i sell somebody a gun and they go out and use it it and kill somebody, i could potentially get sued as the gun shop owner? >> yes, as could the manufacturer from whom you bought the gun and the person

to whom you sold it sells it to another per, the person to whom you sold it could be liable for the criminal behavior of the ultimate user, that's why you heard in one of the clips you just ran police saying, police testifying at this hearing this isn't enforceable. you can't possibly impose a burden on-- >> how far down the line can you go? >> i mean, think about it. can we hold general motors liable because an automobile kills someone, even if it's used recklessly or criminally? of course not, we don't do that in america, the transfe transferance of liability is unfair. >> megyn: we were seeing after this went aer big tobacco and lawyers got big payouts from tobacco industry. >> they did. >> megyn: they decided to try to go after the big guns and manufacturers and let's sue gun manufacturers and get money for gun violence and the feds passed a law saying you can't do this, didn't they?

>> correct, it's a federal sta statute enacted in 2005 signed by president george w. bush that specifically says the manufacturer and seller talking a full-time dealer now cannot be held liable for the criminal use of end user. >> megyn: who can colorado get around that? >> they can't. so i think what colorado is doing now is either woefully ignorant of federal just making a political statement. because if this legislation going to the governor's desk i think by the end of the week, if the governor signs it, init will be enjoined by a federal judge. it's in district contradiction, and if they clash the federal statute prevails. >> megyn: it's happened in arizona on other issues and let me ask you this, there are other items in the bill, they want 15-clip ammunition and more extensive background checks as you heard there. and some other items that are

less controversial. controversial, but less controversial than this. >> this is truly radical the tran transference. >> megyn: and yi watched o'reilly and jessie wattors, and the speaker of the house, hold on one second, get his name. is out there trying to stop jessica's law. mark, mark bernardino. and this is the guy who is stopping jessica's law which would tighten penalties for child molesters, out from getting a real vote and jessie watters confronted him. >> ayou're not protecting kids from passing jessica's law. >> no d.a. opposed jessica's laws so victim's rights groups. >> 44 other states passed

jessica's law, 44 other states have jessica's law and you guys think you're smarter, is that true? >> no, i think we know what's in colorado's best interest. i will go with the people of colorado who are the ones in the trenches fighting this, prosecuting people who don't support jessica's laws and say we have tougher laws than jessica's law in colorado. >> thank you, well, you're lucky o'reilly wasn't here today, sir. >> probably is. >> megyn: and at the same time you have the house speaker mark bernardino, trying to stop tighter penalties, greater penalties for child molesters and pushing through a legislation that's going to cut back on people's ability to have the gun of their choice, weapon of their choice and ammunition and gun manufacturers. >> i don't know what's in his brain or motivation. it's a truism laws are written because people want to stay in power. he must feel there's a political support for transferring liability to gun owners and i don't know where,

but there's a political support for not having jessica's law. >> megyn: which 44 states have. >> right. the bottom line with colorado, this statute will be stopped by a federal judge. if it's not, it will make the ownership of guns so expensive that ordinary people who want to protect themselves won't be able it to afford them and that very act will be unconstitutional. the government can't burden your exercise of your freedoms, so the exercise becomes so costly that you're deterred from enjoining that. >> megyn: and they pass this and somehow it with stands constitutional muster, what gun manufacturer will want to be in colorado. >> they'll be black market and opposite of what colorado wants. >> megyn: thank you, judge. it's interesting watching watters world. and the liability bill was one of seven gun control bills heard yesterday in colorado. one of the more dramatic moments of the day came during a hearing on proposed ban of

firearms when a democratic state lawmaker confronted a rape victim who shared the story of her attack and wished that she had a gun to defend herself at the time. and here is part of that. >> i just want to say that actually statistics are not on your side, even if you had had a gun. the colorado coalition again says that-- >> just wait. >> for every, for every one woman we who used a handgun to kill someone in self-defense, 83 were murdered by that. >> respectfully, senator, you weren't there. i know without a doubt in my mind at some point i would have been able to stop my attacker by using my firearm. he already had a weapon of his own. he didn't need mine. >> megyn: well, the committee went on to approve the ban. all seven bills for tougher restrictions passed the committee and will be debated this week on the senate floor. again, the locals up there, local lawmakers are predicting

that these have a very good chance of passing. >> first, there was the lincoln bedroom, then there was no controlling legal authority. now, there's a whole new way to buy access to the president, introducing organizationing for access. for just one easy payment of $500,000 you, too, could get the privilege of quarterly meetings with president obama. >> ooh. >> you could even become a ambassad ambassador. >> megyn: and who is that on the hammock? anyway, that was karl rove's american crossroads political advocacy group taking aim at actions that the president's former fund raising team is offering wealth any donors special access to the president. an a report, donate $500,000, you can meet with the president four times a year. and the white house is pushing back hard saying that's not what's happening at all. carl cameron is live in washington with more, hi,

carl. >> reporter: the white house does admit that organizing for action will be raising big bucks from obama donors and supporters and that the white house administration will be scheduling meetings for senior officials from the president with some of the donors, but argue that the half million dollar donation number reported by the new york times is not an exact price tag, which suggests that maybe the price is negotiatable and therefore, they're not truly selling access. here is-- >> any notion that there's a set price for the meeting with the president of the united states is just wrong. as you know, organizing for action was set to promote the president's public policy agenda therefore as anyone would expect the president would likely meets with their representatives to discuss his agenda, but again, any notion that there's a price for meeting with the the president is simply wrong. >> reporter: what irks some of the traditional allies, he's shattered fund raising

records and allies argue since there's no set price it's okay to offer one. the editorial slammed the president saying, quote, he ought to come to his senses, if he doesn't it won't be easy to clean this muck off his shoes later on. how the obama people are going about it stinks. organizing for action should be renamed paying for access. sunday's new york times editorial warned that mr. obama and organizing for action don't cease and desist, they will reach a new low and refuse corporate contributions and limit donations to a few hundred dollars, otherwise playing the same sleazy game the opponents do made worse by the president. and the left leaning group common cause called out mr. obama on this, instead of getting big money out of politics, he's thrown gas on the fire and so far no sign that the white house is changing course, but continues to build among his supporters. >> megyn: the head of common cause came on last week and said this group ought to be shut down. carl, thanks. wait, wait, do you know who

the guy was on the hammock. >> the ambassador to two hammocks in the caribbean. >> megyn: how can i get that job? in an exclusive interview, secretary of state john kerry tells fox news he's met the survivor of the benghazi terror attack that happened in libya back on 9/11. up next we'll look into when senators, house members or the public will get a chance to learn more about this person and the other survivor's story from the terror attack that killed four americans. these lawmakers are upset on capitol hill and they said they only found out they had all of these survivors at walter reed and why haven't they been given access to them and why isn't this going through channels in congress? we'll talk about it next. plus, new details what happened when a patient collapsed at an assisted living facility and a staffer refused a 911 operator's plea to perform cpr and save the woman's life. kelly's court takes on the latest legal questions just

ahead. >> this woman's not breathing and she's going to die if we don't get this started, do you understand? >> i understand. >> okay. >> i am a nurse, but i cannot have our other senior citizens who don't know cpr to do it in the dining room. >> i will instruct them. is there anyone there who is -- polaris has what you wan legdary atvs led by the powerful sportsman 850 ho. value-minded side-by-sides featuring the new ranger 800 midsize. and full-size workhorses including the all-new, class-leading, 60-horsepower, ranger xp 900. polaris. hardest working, smoothest riding. huge rebates and low financing are available right now during the polaris xp sales event.

>> stunning new details in the benghazi consulate attacks that left four americans dead on 9/11 of last year, and in an interview with james rosen, secretary of state john kerry says he spoke with a survivor of the deadly attack, something no one has apparently been able to do in the six months since it happened. >> two quick questions, questions on benghazi, sir, if you would. first, why have we not heard from any of the benghazi survivors? >> well, i -- i can't tell you the answer to that. i can tell you that i have visited with one of the

survivors at bethesda hospital who is a remarkably courageous person and doing very, very well and called his wife and talked to her. >> megyn: james rosen with us from qatar, where he's travelling with the secretary of state. >> thanks for running the clip. it's interesting to hear him disclose the visit to walter reed and one of the survivors. took place on the first week of february before the first day on the job, february 4, at the state department. fox news on that date reported, based on our interviews with eyewitnesses, that the secretary had been there. the state department wasn't too pleased about it, but now he has disclosed that himself. and it was interesting to hear him say, too, that he had made the call to the wife of that individual, megyn. >> megyn: indeed. and this is an issue which we're going to get into in a minute. there are congressmen who want

-- who are just now learning about the existence of these survivors, and now requesting of secretary kerry they be given access and haven't gotten a response and first i want to ask you, james, you asked him about the search for suspects in this attack. the l.a. times had a big headline out talking about how this investigation is going painfully slowly. >> look, megyn, any law enforcement or counterterrorism officer would tell you that the longer the passage of time after a given event that's being investigated, the lesls likely it is, the perpetrators will be brought to justice and this is exactly the issue i raised with secretary kerry. >> megyn: all right. james, thank you. sorry thought we had a sound bite. we do not. great reporting, talk to you soon. for more we want to bring in peter king, the chairman on

the submaricommittee on terrori. >> thank you. >> megyn: and apparently we saw a letter to john kerry saying there were several wounded american personnel injured in the attack, and at walter reed, is it true? i want to visit with him and substantiate the reports and he said earlier, he got no response and we've got the secretary of state telling our james rosen, i went and visited with him. >> this is part of the problem, megyn, since this started back upon september 11th, we've gotten no straight answers on any issue at all involving benghazi. now, frank wolf is one of the most respected members of congress and john kerry acknowledged there's one out, one victim has been at walter reed and i know, i spoke to two people on the committees there, and they're not certain that there's more than one, they believe there's only the one and we don't know. and that's why-- >> you don't know? i mean, that's why don't we know? i mean, wolf is complaining that neither the state department nor the defense

department is giving him any information on just numbers of survivors of the benghazi terror attacks. >> well, that's part of the problem, and they've not gotten back it frank wolf and the committee staff told me they believe there's only one, that that one, secretary kerry spoke to is the only one. but again, the reason we have this confusion, the administration is so reluctant to give information and you have frank wolf, respected and honorable and believes, he has good evidence there's more than one and no reason the defense department can't come forward and i appreciate the efforts to get to the bottom of this and mike rogers the intelligence committee believes there's only the one and keep going back to this from day one, going back to september 11th, there's story after story, obfuscation after obfuscation and that's why we have the confusion and it's unfair. it's unfair to the men and women who put their lives on the line at benghazi. >> megyn: and it's been six

months since the attack. >> right. >> megyn: we don't have anybody in custody and haven't captured or killed anybody in response, it's a terror attack on our country on u.s. soil, the consulate. took the life of our ambassador. however, the administration comes and says, it's tough to investigate crimes in libya where it's tough to track down witnesses. you've got these competing militias who aren't exactly on our side. so, i mean, it's easy to sort of say, go faster from here in new york, but different over there. >> well, it's going to be tough because isia are not coop with us, if they are, slight. the president the morning after on september 12th said he'd bring them to justice as quickly as possible and then campaigning. it appears the administration is not focusing as they should. when you're involved in so many, i can only call them coverups the last six months i think about to happen, and i think we should be more aggressive as far as going

after the people who, i'm sure we have to have somebody there who-- i can't go further than that we should be much more aggressive and putting in pressure. when we say the libyan government won't cooperate. the libyan government exists primarily because of the u.s. and we did get rid of gaddafi, but also in the assistance, and support that we provide. so we have to use our diplomacy and our might, a lot stronger than we are now, to make the countries cooperate and make the local officials cooperate and not say we're doing the best we can. >> megyn: congressman, thank you for being here. >> thank you as always, thank you. >> megyn: and meantime, the federal homeland security department says that it's having to cut back on tsa agents because of the spending changes in washington. wait until you hear how the agency just spent 50 million bucks right before the new budget kicked in. and plus, we're waiting to learn more from administrators at the school where a 12-year-old bully victim was reportedly jumped and beaten

on the playground. he's since died. an update. lobsterfest is the king of all promotions.

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>> now to a schoolyard fight in pennsylvania getting national attention today. a 6th grader at a school outside of philadelphia. his parents say he was jumped and beaten during recess two months ago and he wound up in the hospital. he ran into medical complications and he was just taken off life support on monday. the alleged bully was suspend suspended buffets, bu faces cri charges. >> he declined because he didn't want to get suspended bailey was an honor roll student and when he turned

around the boy allegedly pushed him and hit him four or five times in the head. suffering a broken nose much the head injuries was not clear. and the fight was caught on security and bailey o'neill spent the rest of the day at school and complained of dizziness, headache, confusion and two weeks later his parent took him to the hospital and doctors induced a coma and he never came out of the coma. the boy that hit bailey was suspended and now back in school. but bailey's parents said that he has a history of bullying and challenged bailey to fight before. they want answers why they didn't more. and the video shows a one-on-one fight and there was no evidence that bailey had been bullied. the d.a. is waiting for autopsy results, is now talking with witnesses and the d.a. says that charges against the boy, megyn, are now likely and we should find out

sometime in the next several weeks. the school will only say that it will working with authorities to come to a conclusion here, offering counciling for students and that's all they're saying. and waiting for the d.a., and he holds the next move in this case. >> megyn: so sad. when are our kids going to start hurting each other, trace, thanks. >> reporter: okay. >> megyn: the biggest storm of the season blasting chicago right now and it's headed east. janice dean is next on what folks need to know. plus, white house spokesman jay carney and journalist george will had a sharp back and forth by recent statements by the press secretary raising this question, is the white house developing a credibility problem? >> george will said, i do many things for my country and my profession, i will not take seriously mr. carney. >> you know, it's funny i did see that. >> it's funny that you read that. i love the structure of the

sentence, it's very george willion. i have a lot of respect for him and been on the panel in many times in my previous life and i think's a very smart guy. art about your weight. i tried weight loss plans... but their shakes aren't always made for people with diabetes. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have six grams of sugars. with fifteen grams of protein to help manage hunger... look who's getting smart about her weight. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes.

>> extreme weather alert for you now on what the national weather service is calling one of the biggest storms of the winter. right now it's socking the midwest and chicago could get a foot of snow when the day ends with roughly an inch and

a half roughly even hour. the same system that hit the dakotas and minnesota with heavy snows and freezing rain and on the move again with d.c. and philadelphia in its sights. meteorologist janice dean live with more. hey, jd. >> and new york and boston, maybe. >> oh, boy. >> let's take a look at winter weather advisories over a dozen states. millions affected here from minneapolis west of green bay and chicago, cincinnati, cleveland, d.c., philadelphia and i think we'll start to see weather watches posted within the next six to 12 hours to the northeast and also taking a look at potential for severe weather, yes, large hail, damaging winds and isolated tornados possible, parts of alabama, much of northern central georgia in towards south carolina and the flood risk where we could see several inches of rain. this is one of our computer models, megyn, take a look at that. we're thinking within this computer model we'll see a snow event across d.c., up towards new york and boston thursday into friday so we're going to see rain mixing with

snow, snow heavy at times, 60, 65 miles per hour off the coast and where heavy snow he is going to fly west of washington d.c., but we can't rule out new york or boston. some of the computer models are showing the storm lingering, pulling cold air southward and piling up the snow. here is one of the aggressive computer models, but we can't rule it out here. wide swath, 3 to 6, 6 to 12 in the areas in the light blue and then we could see 12 to 18 in the darker shade of blue. look at around the d.c. area, west of d.c., some snow totals, about 20 inches in the mountains, but look as we head to philadelphia, new york, and even west of boston. and 6 to 12 inches possible. this really could be one of the biggest winter storms we've seen, not only of the season, but in several years for all of these big cities, megyn, back to you. >> megyn: wow, wow, remind me, we still have the sled in our car, we'll get it back to you for this weekend. very important, you could have a sled weekend. >> megyn: janice.

(laughter) new questions today about the white house relationship with the media and whether the press secretary, jay carney is developing a credibility problem with some reporters after weeks of dire warnings from various administration officials and from mr. carney about budget consequences. after all of that, noted washington post columnist george will in a radio interview on friday says he doesn't take much stock in the white house spokesman. yesterday, mr. carney fired back and here is how the back and forth went. >> jay carney yesterday said that the effects of this sequester would be severe and it would go right to the middle class families. there are people working today who would lose their jobs, that is what jay carney said yesterday. >> i will do many things for my country and my profession, i will not take seriously mr. carney. >> despite the fact a few days before the election i think he repredicted a romney landslide, over the president

and built on a victory in minnesota, which the president ended up winning by more than 7%, i will continue to take george will seriously. >> megyn: oh. that was a good one. and joining me now, a fox news contributor and a former advisor to new jersey senator, and bill mcguerrn. former speech writer. >> megyn: you have to give him one for that. >> it speaks to a growing issue whether the white house, mr. carney and others are sacrificing credibility in trying to gin up changes and are going to take place in the next five years, it's ongoing because we have to negotiate whether we're going to have this continuing resolution. they're still arguing over how we're going to spend our money in washington. they're still arguing over it. so he they need their credibility.

they want us to believe it's the republican's fault and mr. carney saying it's severe and we talked last hour about arne duncan and his evolving story on the cuts we may or may not be seeing in the education department. your thoughts? >> well, i think initially the obama people wanted to make the it painful and it looked like there was a direct to the secretary, when you make the cuts try to make them as unpleasant as possible so that republicans will pay the price. the president may have overstepped on that and zooms like he's trying to walk it back a little bit now. my fear is having gone on record saying it's going to hurt the middle class, they're going to try to make it as painful as possible. we're talking about two and a half cents on the dollar, right. >> megyn: yes, over five years. >> and we can all live with that kind of-- >> before i bring in julie we saw that from the president when he said from now on whatever you hear bad economic news, you should remember in your head that the sequester took place, something, you know, i signed into law and it was my idea, but then i opposed in the end and it was

all the republican's fault and we seem to have the narrative that will emerge. >> i think that jay carney is as credible as anyone in the white house. look, this is an administration whose secretary of state when asked a question about what happened in benghazi, her answer should be engraved over the press room. what at this point does it it matter? the credibility problem didn't start here. >> megyn: i was asking at one o'clock, 1:30 debate about arne duncan and the teachers, the pink slips are going out, teachers and the pink slips and once "the washington post" and others dug deep, realized it wasn't true, five him four pinochios, well, i misspoke. people at home may not know arne duncan and they know what's real and right and when someone is straight with them. >> with jay carney or arne duncan, but having been a press secretary to people. you have to go out there and

have to have an agenda and push forward, you do the best you can, but then you have the press taking pot shots at you and the george will situation emerge and a big issue in d.c., george will, and bob woodward got in a fight with gene sperling and-- >> the white house did okay with that. >> and jay carney actually had a pretty good comeback, i like george will, i don't agree with him much, but i respect him. the bottom line, the white house, whatever white house, bush white house, obama white house will continue to try to promote their agenda and the white house reporters try to get to the bottom. >> megyn: you've worked in the white house, is something different happening here? i hate to be so cynical to say, but i kind of believe it's true, they all lie to us, all lie to us, mislead the press and the people to spin their stories and it's our job to investigate and people like mr. duncan get found out. but is that true? >> i think it's true that the extent all press secretaries

are there to defend an administration line. i don't think they're all in the lying business, but they are spinning and they're trying to create certain impressions. the difference, i think, you know, something we've talked about before, i don't think that this white house is being held to the same standard and it's not just a matter of running a one-day story, it's about investigation. we have this whole investigation on bob woodward, the people obsessing whether he was threatened, wasn't the real issue what he said about, did the president move the goal post, by introducing-- >> bob woodward created that distraction. >> he created, but that's a press corps, you think if they're serious, the story on friday was the sequester,the story for the press corps was bob woodward and they just don't ask substantive questions. if you asked anyone in the bush administration, if they put out something, if we put out something that was false or misleading, there would be drum beats of stories until, you know, the culpable person fessed up. and you didn't get that kind

of thing. >> megyn: in their defense, "the washington post" did the leg work on arne duncan. >> let's go back to the sequester. this sequester, bob woodward said was supposed be to be about cutting spending and the president added the tax component and the idea of the press getting tough. john boehner, what are you prepared to give up to get a deal with the president. it's not the president. what are you willing to compromise-- . sequester, it's a 70-30 split already. >> megyn: i don't winter to get back into that. i want to ask you this, we talked in the last hour how the president's approval rating dropped 7 points in week and now down to 46 with gallup, quinnipiac and fox news, 8 points up from his lowest ever. and why? do you feel like the american people are starting to think that the president-- >> i think there's starting to be a pox on all their houses. >> megyn: he's been immune to a lot of this. >> not necessarily. this is a democrat and obama

supporter, i'm so sick of this. like crisis number-- emerge from crisis to crisis, unless you're a die-hard partisan who want to say my side is doing a great job and the other side stinks, you can't credibly say that anybody there looks good under the sequester paradigm. because this is what the crisis out of the past six months and we're about to have a continuing resolution expire and this is crisis number seven and-- >> this is just exhausting for normal people watching this the at home and thinking, god, none of these people can get their act together. you've got three kids, i've got one. like dealing with a bunch of toddlers, incredible. >> back in the bush day did anyone say it's a problem with both of their sides, the democratic response tends to be when they have a weak case, it's both their faults. the republicans for better, for worse, made a lot of colassel mistakes and put forward two bills that would have some other kinds of cuts in them. the president hasn't put forth the proposal and-- >> he did, he did have a proposal. >> megyn: but the president when offered, when offered the authority to spend the money

to make the cuts the way he wanted, no. >> why would congress delegate that responsibility? and-- >> why would they complain about the way the cuts were going to have and respect the authority to redo them. >> obama had a sequester proposal and the republicans said no. >> megyn: and the republicans had a proposal and the democrats rejected it. >> both sides. >> megyn: that's my point. >> they want to deny any responsibility for it and come out smelling like a rose and you know, usually the president with stands these debates because people like him personally. and i thought it was interesting shall the drop, the 7 point drop because it seems like people are saying, all right, i think now we want straight talk from both sides. i've got to go. all right, thank you, ma'am. thank you, sir. >> thank you. >> megyn: bye. get ready for a close encounter with a comet so close to earth you will be able to see it with the naked eye. first a retirement home underfire when a staff member called 911 when an elderly woman stops breathing and then

refuses to act like a human being, kelly's court next. >> to let her die. as a human being is there anyone willing to help this lady and not let her die? >> not at this time. >> now, they won't touch her at all. >> a gardner, a staff, anybody that doesn't-- can we flag someone down in the street and get them to help this lady? why would you pay for a hotel? i never do. motorcycles -- check. atv. i ride those. do you? no. boat. house. hello, dear. hello. hello. oh! check it -- [ loud r&b on car radio ] i'm going on break! the more you bundle, the more you save. now, that's progressive.

>> kelly's court is now in session back on the docket. the retirement home's no cpr policy comes under fire after a staffer refuse toss perform the life saving procedure on a woman who collapsed and barely breathing. they did call 911. take a listen. >> okay-- >> and they're going to let her die. by the facility, yeah. >> when will the fire department be here? when will-- >> they're coming as quick, they've been on the way, but we can't wait this lady is going to die, okay, well, if you get anybody, any stranger that happens to walk by that's

willing to help, i understand if your boss is telling you you can't do it. >> yeah. >> but if there's any-- as a human being, i don't -- is there anybody there that is willing to help this lady and not let her die. >> not at this time. >> megyn: charming. joining me now potential legal liability here, randy dylan. and mercedes colwin. randy, it's not an assisted living home, a retirement, independent living facility and the policy they don't do cpr and tell the residents, the 87-year-old knew if she happened to collapse she wasn't going to get it. does that absolve them. >> i'm sure they told the son and daughter or family members who were actually footing the bill and have to make the gut wrenching decision to put mom and dad in the the retirement community. ap i'm sure they advertised that to the public we're going to take real good care of your parents, but god forbid if

there's an emergency we're going to let them die. does it absolve them? perhaps criminally, perhaps maybe even civilly, negligence, you can argue, hey, if you know you can do something and a reasonable person would do something and you don't do it and you could to it, no, i don't think it does. it certainly doesn't absolve them morally and doesn't absolve a nurse who was trained to do no harm to save her. >> megyn: and that's the question whether this woman was a nurse who is calling 911 although you hear on the tape say, i'm a nurse. and yet, mercedes, didn't seem like her nursing instincts were kicking in on the call. >> no, but there's so many defenses to the case. yes, absolutely tragic, terrible and won't get to a jury. why do i say that? they're under contract. you bring your loved one to these kinds of-- >> a contract can't absolve you from criminal liabilities. the reports are that police are investigating whether criminal wrongdoing happened

here. >> there's no duty to rescue under california law and there is no duty to rescue most jurisdictions, even though there would be circumstances, there are exceptions to the nonduty to rescue. >> megyn: all right. i've got it. there's no duty to rescue, randy, what if you call 911 and you're on the phone with 911 as this nurse was, and 911 is saying, get anyone, get a gardener, put somebody on the phone for the love of god, and you refuse. now you've done something more than just stand by. >> a great question because remember what recklessness is and certainly there's criminal liability for being reckless. if you willfully close your eyes there's a high probability that your action or inaction can cause someone to get hurt or someone to die. that's reckless and conduct. >> there's no culpability here. >> she could have done something. >> not under the law, randy. no duty to rescue and no-- under the liability. >> do you know who is at fault. if you put your loved one in these types of facilities,

read the fine print. if there's a do not resuscitate we don't know if-- >> we're told that there was not a do not resuscitate order. so she had not said torhesuhesr. >> and do you want a d.n.r. >> megyn: we're told this woman didn't, but told that the victim's daughter told one station she's satisfied how they handled the situation. >> and probably read the contract saying she's not going to have that type of help if the help is needed. that's the dialog that your loved ones have to have at the facilities. if she needed help put her in a different facility or in the contract. when the law says you don't have to rescue someone or if you do it and you're going to be liable, my hands are tied, morally none of us would have done that. >> megyn: their hands are tied-- their hand aren't tied and could have done it and if the woman's relatives wanted to sue they could have sued, but

their hands are not tied. i've got to go. great debate. we'll be right back.

♪ >> i'm scared, are you? just weeks after a cosmic close call with a meteor, planet earth is getting ready for yet another space visitor. this time a comet that will be so close you'll be able to see it with the naked eye. trace gallagher live in los angeles. >> you know, they say this could be a dazzler, megyn and this thing, they say you can see with the naked eye, but it was picked up by a high powered telescope in hawaii and now see the arrow pointing to it right there. now it's passing by it.

okay, 100 million miles away, but close enough you can see this thing in the nighttime sky. the southern hemisphere was and watching this the last couple of weeks, but starting today those of us on top of the northern hemisphere can start to see it. they named it panstarrs. scientists would love to get their hands on it, carries the secrets of the universe, 4.5 billion years ago. here is the deal, it's close to the sun and scientists say it could melt and fizzle and not see that much. or it could send off kind of what you're seeing there, these brilliant gases as it jets across the sky and you could really see kind of a dazzling night show. you have to view it right after the sun goes down, but not when it gets too dark, kind of look up, it will be in the vicinity of the big dipper and again, grab some binoculars, but next tuesday and wednesday are the brightest times.

starting tonight, megyn, but next, tuesday, wednesday, the brightest times to see this comet flying by. >> megyn: i don't think so. >> reporter: go take a look, have a glass of wine and take a look. >> megyn: glass a wine, a long time before i have a glass of wine again, trace. >> reporter: oh, that's right, i forgot, apologies. >> megyn: that's the only way i would enjoy that whole show. all right, trace, thank you. coming up can you spot the bogus bishop? take a good hard look, one of these men is not really a catholic cardinal and he managed to fool quite a few people. that's next. [ female announcer ] from tracking the bus. ♪ to tracking field conditions. ♪ wireless is limitless. [ female announcer ] from more efficient payments. ♪ to more efficient pick-ups.

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