ah.

4g, huh? verizon 4g lte. 700 megahertz spectrum, end-to-end, pure lte build. the most consistent speeds indoors or out. and, obviously, astonishing throughput. obviously... you know how fast our home wifi is? yeah. this is basically just asast. oh. and verizon's got more fast lte coverage than all other networks combined. it's better. yes. oh, why didn't you just say that? huh-- what is he doing?

>> after your short spring-back weekend now you can take a nap. >> going to need it today. it throws you off. >> thank you for joining us. >> "america live" starts right n now. >> megyn: fox news alert as the future of some 1.2 billion catholics hangs in the balance, at least the future of their leadership. we are now just slightly more than 24 hours away from the very first vote for the world's next pope. welcome to "america live," everyone, i'm megyn kelly and we believe at this time tomorrow we will get the first results of the very first vote. so set your tivo right now if you don't already, obviously, have the dvr on "america live." it's going to happen in 24 hours, we believe. you're looking at the live pictures of vatican city, what a beautiful, beautiful evening in italy where throngs of observers are gathering in preparation for the new pope to reveal himself to faithful

followers around the world and everywhere else and first for the cardinals to pick him. they're being drawn in preparation for his arrival and he doesn't know who he is, while the conclave to select him will seal itself off and cast its first vote tomorrow, many of the debates, discussions and interviews that go into the decision have already begun. father jonathan morris is a roman catholic priest and fox news contributor and joins us on the beautiful evening in rome. what a beautiful shot we're looking at and how appropriate for such an important moment to those who celebrate the catholic faith. >> bring us up to speed on what happened today. the official voting doesn't happen until tomorrow and we'll go into the sistene chapel and reports out of the associated press, there are indications that plenty of questions remain as it to who the next pope will be.

tell us. >> lots of questions remain and let me just also make the point that i think it's not just for catholics. you know, we have -- here is the leader of the largest religious group on earth right now and so people are watching from all over the place. and like you said, megyn, the discussions are now beginning to transform and to get a lot more specific. i was one of the first ones, blessed to be one of the first ones on the ground here, about the 26th of february and then pope benedict xvi was getting ready to take off and to leave rome and he has done that. and then the conversation started getting a little bit more specific about what type of pope do we need? and the profile became a little bit clearer, but now, right now, just over my shoulder in apartments and restaurants, cardinals are meeting together among their friends and acquaintances and talking about names, specifics, who should it be or who could it be? and they make their list, this

would be my preference, my second preference, my third preference and tomorrow as you said, well, megyn, about 24 hours from now, the first votes will be cast and when those votes are cast then the cardinals will know how much of a consensus they already have and then all of the discussions among themselves and the off times of voting will happen and see whether or not they should change their vote into somebody who has more support. >> megyn: at 4:30 p.m. tomorrow they will begin their procession, the cardinals will, into the sistene chapel. they will take the oath of secrecy and then after a meditation, they will cast their first ballot. how is it done? do they write down names on a piece of paper? do they do a show of hands? is it all secret until they-- in other words, is the final vote a secret even from the cardinals until they see who's won? >> you know, it's secret and it's not secret. there's only 115 cardinal

electors and they're all in the same room. we would love to have that much control in the united states over an election. the cardinals take a little ballot, hand write on that little ballot, fold it over and then process in single file down to these ancient urns, the vatican has shown pictures of the urn. each of the cardinals say a prayer before putting the ballot into the urn saying basically before god. imagine, they're standing before the last judgment painting of michelangelo in the sistene chapel, before god i believe this is the right person. they put it in and then there are three cardinals who take all of those ballots. they count them up and there's another who checks to make sure they're right and announce to the cardinals what the first vote is and then they do four of those ballots a day. tomorrow we'll just have one because it's the first day, ext morning, two in the afternoon. we get two smoke signals, one

in the morning, one in the afternoon and then until we get white smoke and the bells, the pope. >> megyn: only if necessary do they take the votes on wednesday. tomorrow is tuesday, they'll do the first votes. i understand they need 77 out of 115. 115 cardinals will be voting. they need 77 to get the pope. is it possible, has it happened that they've reached consensus on the very first vote? do we think it's a real possibility this time tomorrow we could know who the next pope is? >> absolutely not. let me tell you why, megyn. the first vote is really an hon honoriffic vote. perhaps someone who has served the church well for a long time and for everyone to know this one deserves a vote in the conclave and they're also just seeing if anybody else supports their first choice. we will not have a pope tomorrow afternoon and we probably won't have a pope-- remember, last, eight years ago, cardinal ratzinger took

24 hours, and the general consensus it's going to take longer this time. there is not a single front runner on the mind of all the cardinals. >> megyn: if they don't reach a consensus on the first vote, black smoke will come out of the chimney. when they have a new pope we will see the smoke turn white. father jonathan morris, a pleasure having you on. >> you should be over here. >> megyn: that's what i keep telling everybody. italiano. ciao, father. the conclaves are not known for being brief. they range from five days in 1931 to one day as recently as 2005. the longest was back in 1268 when it took just over one thousand days to elect pope gregory x.

but the cardinal's indecision w came with a price, they were fed just bread and water to inspire them to hurry along and the roof of the palazzo gave extra incentives and exposed them to the elements. we'll talk who the likely frontrunners are in just a bit right here. and a fox news alert coming in now as we get reports moments ago from the associated press of a pretty widespread earthquake in california. we are being told that this has been reported as magnitude of 5.1. trace gallagher live in our los angeles news room with more. trace? >> reporter: very much of a jolt, megyn, and that rolling motion he we often feel. this was out in the desert in southern california, and people would know is better as the palm springs, palm desert area out there. we made some phone calls and people have felt this thing over a very wide swath of area and now you've got firefighters and emergency personnel kind of making the rounds out in the desert towns

to find out if there was any damage. so far no reports of any injuries. 5.1 kind of a moderate quake, not too bad. we're going to check the damage and post it as soon as it comes in, megyn. >> megyn: all right, trace, thank you. more new fallout from the obama administration's decision to cancel tour of the people's house. friday marked the last days of the white house tours and on saturday frustrated visitors were turned away. the administration claims it was part of a cost cutting move due to the budget changes that began taking effect last week, but the tourists we spoke to were not buying it. >> it really does make, you know-- >> we deserve and we pay for all of this through our taxes. >> i wouldn't expect that in america. >> i came from long island and we have a lot of emotional attachment from 9/11. i consider the white house our house and i get very emotional and i'm very patriotic, extremely patriotic, so it

matters. >> megyn: doug is following this from washington. >> reporter: yeah, that was fascinating listening to that woman there. we the media may be jaded, but when your he' travelling hundreds of miles to see the white house for the first time only to have your hopes dashed by tours being canceled, that leaves an impression. just listen to what the houston independent school district wrote the white house today. quote, we don't understand why out of 1.6 billion secret service budget, the administration believes that the 1/20 of 1% that's required to fund white house tours is one of the first things to go. end quote. indeed the secret service recommended several options to the white house how it should comply with the sequester. >> that work remains to be done and the president is interested in, you know, finding the members of the caucus common, and working with them to bring about a resolution to this challenge because we should be able to

do it. >> reporter: so it was in effect the white house that made the call to end the tours. that is beginning to resonate around the country. listen to the youtube plea of the 6th grade of st. luthren in iowa. >> the white house is our house. please let us visit. >> reporter: first lady michelle obama got trolled in the twitter verse promoting the let's move tour. someone tweeted can someone volunteer to walk and groom your dog so the white house can be open for our children's tours. the white house tours cost an average of about $74,000 a week. during white house tours 37 secret service officers typically of stationed along the route. and there may be a solution, however, megyn, in the works. last week newt gingrich suggested donald trump should pick up the tab and trump responded this morning on fox and friends. he said, no, i can't hear it,

but sounds reasonable to me. why not? to be continued. >> megyn: a report last week about the salary, the hefty salary paid to the white house calligraphers and some people are asking, how much is it? yeah, three of them. why can't we get rid of them? 270? >> i expect there's a font for calligraphy out there. >> megyn: are people upset if it's written in the regular handwriting that we have. it doesn't have to be the fancy president obama. this is my calligraphy impression. (laughter) . >> reporter: i'm with you. >> megyn: thanks, doug. you know, when you get the wedding invitation, and your name is like megyn. okay. looks like i got attacked by killer bees. coming up, we've recently seen reports of more job losses, doctor shortages and more than 6 trillion estimated to be added to our deficit over the coming 75 years, but 6 trillion. when we were promised that obamacare wouldn't add one

dime to the deficit. jonah goldberg is suggesting that those unhappy with all of this have someone besides the president to blame and he is next why this should be a quote, soul searching moment for the mainstream media. plus we'll tell you about the president's new pick for labor secretary and a growing concern over a man whose fingerprints are all over a controversial decision at department of justice. why is he being promoted now. and one town's teacher on the smear campaign on the wrong side of the union find their personal information plastered all over their neighborhood. >> it starts off as saying do you know a scab lives in your neighborhood and gives the gentleman's name, address, phone number, a lot of personal information, and it says, why is he a scab? and it takes about him crossing the picket line. ♪ to more efficient pick-ups. ♪ wiress is limitless.

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>> questions today about whether the u.s. media needs

to do serious soul searching as we see big negatives from the president's health care law start to go unfold. not all negative, but there have been very negative developments. check out these headlines. 1,000 jobs lost in colorado due to a new tax on medical devices. another 950 are lost due to a series of cuts to medicare payments. more than 7300 full-time jobs now converted to part-time, due to employer mandates under obamacare, our next guest says he wonders if the media did any homework at all on the bill before it was eventually signed into law. and the editor the at large for the national review and fox news contributor, jonah welcome to the program. >> good to be here. >> megyn: you have an interesting piece posted. obamacare back and forth we heard so much, and so many promises were made and no question some of the promises are falling apart. not to say all are, but some of them are and your position is that not only did the media drop the ball in advising

folks of potential pitfalls of this law prior to it being passed. they're not doing anything now to advice folks of the broken promises and what it it means to them. >> yeah, no, that's right, and you're right, not everything has gone bad yet, but i come from a certain biblical tradition that says no matter how bad things are right now they can always get worse. but it's absolutely true that the, you know, the mainstream media that covered the arguments about obamacare, basically is a pure power politics partisan fight and whenever a partisan-- whenever the mainstream press covers things like a partisan fight you can count on the new york times, and "the washington post" and abc and the rest to take basically the democrats side. after obamacare was passed was held constitutional by the supreme court, they asked npr health care correspondent who are the losers here and the only losers she could come up

with were people in states whose governor weren't going to accept all of obamacare's provision and insurance companies who needed the penalty to be even greater on obamacare. other than that everything was going to work great. that was sort of the position that the mainstream media took that conservatives, critics, including like very serious health care economists pointed to problems, were sort of partisan dingbats and moonbats for thinking that any of this could go wrong. and that maybe the government can't plan 1/5 or 1/7 of our economy perfectly. >> megyn: and one of the main issues that some were concerned about prior to the passage of obamacare was whether-- no question that those who don't have insurance would probably, some of them be better off after obamacare, not all, but some of them, but there was a question about people who already had insurance, who have it now. would they be better off after the passage of this law and president obama made the rounds repeatedly, saying, don't worry. if you like your health care

plan, if you like your doctor, you don't need to worry, here is a sample of that before i get you to react. >> sure. >> if you like your doctor, you will be be able to keep your doctor, period. if you like your health care plan, you'll be able to keep your health care plan, period. no one will take it away, no matter what. >> megyn: it's just not true. that just did not turn out to be true at all. >> yeah, that's what scientists and philosophers call a big fat lie and i think he knew that at that time. when he was confronted by the fact that obamacare was going to virtually force private employers to drop people's health care plan, he said, well, i never said that the employer had to stay with the health care plan. i just said if you wanted to keep it and it was still being provided you could keep it. you know, one of the ironies of this is not just that the private sector big employers are dropping people out of their health care plan, it's not just that small employers are, some of obama's biggest

constituencies, state and employees, big government employees, teachers unions, afl-cio, the teamsters, they're all getting extremely nervous that their hard-won and negotiated golden cadillac plans are going to be dropped or become vastly more expensive under obamacare. >> megyn: you put out on your piece on the national review. the estimates from the cbo they relied on, says that between 5 and 20 million are going to lose existing plans. between 5 and 20 million americans and that's a low estimate. if you look outside of the cbo some are estimating higher. another thing before i let you go and that's the deficit. the president said that obamacare would not add one dime to the deficit. and now, once again, we have an estimate from the government, from the government accountability office saying, it's not going to add one dime, it's going to add a whole bunch of dimes. >> yeah, it's going to add something like, you know, like 6.2 trillion dimes or even more than that, can't do the

math in my head. >> megyn: 6.2 trillion over 75 years, it's going to be a long time, but going to add to the deficit according to the-- >> yeah, earlier you said and i think it's a fair point to say that the people who didn't have insurance are going to do better under obamacare and that's true, but in a certain sense, it's sort of like saying, well, the "titanic" is going down, but you're going to get a much better cabin. the entire economy, the entire budget is being blown up and the country is sinking in debt and to add these -- to add vast more entitlements and more people on to a system that isn't working is pulling us under, it may be good for those individual people in the short-term, but in the the long-term, i think it's bad for everybody. >> megyn: you make an interesting point about the media and where we fall on this, jonah, thank you. >> thank you. >> megyn: fox news alert now, more on the breaking news from a few moments ago, we're hearing that a total of three earthquakes have shaken southern california in the last half hour or so, they're

all now reported at magnitude 5.0 or larger, we'll go live to l.a. in three minutes. the fierce debate has broken out about women, work and the will to lead. if you're a man or a woman working or unemployed, you need to see this.

>> fox news alert as we get an update on the earthquake or perhaps earthquakes in california that we brought to you. news of that moments ago. the associated press is reporting a preliminary magnitude of 5.1, from a quake that apparently shook wide portions of southern california, but while we were in the last commercial break ap started revising the strength estimate. where do we stand now? trace gallagher has an update, trace? >> reporter: and they say above 5.1, some are below 5.1 and 3, and they are going to change. he they come out with an initial magnitude, these quakes and always upgrade them a little bit down or a little

bit over, if you can. what they're saying now, the first one hit in the palm springs area and the second one hit in the very heart of palm springs and the san andreas faultline. the third earthquake is unclear where it happened, but people certainly felt this thing out of the palm springs area and we've been on the phone with firefighters out there and they say it's more of a jolt, a couple of seconds versus the long rolling earthquakes we sometimes get here in southern california, but a pretty good indication, this thing was fairly deep, too, because they felt this thing as far away as downtown los angeles in orange county. well over 100 miles away, he so, the indications are, it was fairly deep. as far as damage goes, still unclear now and you've got the first spotters going around and checking some of the older buildings out in the desert.

no reports so far of any injuries, but again, kind of a small swarm of earthquakes here in southern california over the past 20, 25 minutes. all of them in the early stages reported above the 5.1 magnitude, marking them as moderate earthquakes, but again, we're waiting for usgs to give awus an indication of the final magnitude. and there were three quakes because there were only two that we know of that have been located out in the desert. megyn. >> megyn: all right. trace, always interesting living in california. thank you, keep us updated. >> okay, okay. >> megyn: in just 24 hours we could see the first puff of smoke indicating which way the voting has gone on picking a new pope. hundreds of faithful are already gathering in st. peter's square. look at the beautiful pictures out of vatican city. just ahead, the man who wrote the book on pope john paul ii and give his thoughts on which candidates are leading the way

and which could be the big surprise. there are not one, but two americans whose names are in the mix. we'll talk about it. and plus colorado becoming a hot bed of controversy over gun control. one state lawmaker ignited a fierce outcry after proposing a weapons ban, specifically targeting our veterans. and a teachers strike turning ugly in one town. substitute teachers being identified as scabs. their personal information being plastered all over town, hand delivered to people's door steps, adding to a growing debate about what is appropriate or fair and what are thug tactics in these kind of budget disputes. >> it says, why is he a scab? and it takes about him crossing the picket line. who knows what guy this goes through, i don't know the circumstances, but i'm sure he's just a guy trying to work.

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>> tactics in a week long teachers strike in the town of strongville. nearly 400 people are on the picket lines and the school is using substitutes to make sure that kids are keeping up. and there are flyers outing the substitute teachers calling them scabs and offering up their personal information. the union denies having anything to do with it, but

one man who received a flyer says it doesn't matter who did it, he thinks it's outrageous. >> it starts off as saying do you know a scab lives in your neighborhood. and it gives a gentleman's name, address, phone number, a lot of personal information. and it says, why is he a scab? and it talks about him crossing the picket line. when i walked down the street yesterday apparently put out, everybody had one. who knows what this guy could go through. i don't know him or his circumstances, but i'm sure he's just a guy trying to work. >> and now, his name, his address, his telephone number and other personal information is being distributed about said substitute teacher, these scabs. how would you like that if you were one of the subs trying to earn a living and help these kids learn while the teachers are on strike? joining me now, the former deputy assistant to former president george w. bush and julie is was a former advisor to new jersey senator frank

lautenberg. so the unions are out there playing hardball, not just against the school district which they have a dispute, but against the so-called scabs by offering really personal information in an environment that's already tense with anger and resentment. is it really smart to be distributing such personal information about these substitute teachers? brad, i'll start with you. >> well, strongville is using strong arm tactics that are going to back fire. this is more of a case for kelly's court. as a lawyer i'm sure you'd appreciate, megyn, liability issues the unions brought upon themselves if they're behind the release of information, if harm comes to these people. also, i think civil liability, interference with a contract, infliction of emotional distress, a lot the union have taken on in terms of contract negotiation. union membership is down since 1980 by about 12%. unions are not the place in

america that they once were in america in the 50's and 40's and there's a sense of desperation in the air after the victories in wisconsin we've seen where their contracts are out of whack with the national economy, even the local economies, with their pensions and their benefits. so this is an act of desperation i believe is going to backfire just as the other acts of thuggery have. >> megyn: i should correct myself. in the question i was assuming that the unions are behind it and they've denied being behind it and the unions or their supporters one would assume who are distributing the flyers. julie, tell me if this is acceptable behavior, is it all fair in love and war and the unions feel penalized and treated unfairly and they do the not like so-called scabs crossing the picket line? >> actually, no, i don't think it's fair and i don't support people crossing the picket line, but i almost-- as much if not more, more so do not support anybody releasing personal information

and putting people in harm's way. and this is a professional dispute and should be done through collective bargaining and resolved through negotiation. you don't resolve it putting out people's names and putting people in harm's way by somehow making their family put at risk. i have to agree with brad, the union says they're not behind it take them at their word, but i agree with brad this is the wrong tact to take because you're putting a lot of innocent people and their families in harm's way giving out their addresses. i wouldn't want my address given out and none of us would and what goes around comes around. you don't want that to happen to you, don't do that to other people. >> megyn: with all due respect to the union, do we believe the union in its denial. you take them at their word, but this is not the first time we've seen strongarm tactics from unions. in framingham, massachusetts a similar dispute between the teachers and the school board and call it the school committee there. over there, the head of the framingham, massachusetts

teachers union, a guy named sam misskin he felt the board, the committee needed to quote, feel the same stresses that the teachers had and urge his members to volunteer personal information they know about the seven committee members, including what health clubs they go to. where their spouses work, their personal contact information, employer information, gym membership, the names of their partners and so on. and then offered a big long space called other and circulated it to hundreds, almost 800 teachers asking them to fill in the inhe foe about the school board so it could be acted upon to make the committee members feel just as stressed as the teachers. brad? >> well, megyn, we've seen in the last few years where unions actually used a tactic of marching on people's property, whether they be-- >> we have that. >> scabs in this state or board of director members of corporations they were trying to influence. the fact is it's been used by unions in other places.

the fact is if this isn't a union tactic, how come they haven't come out strongly against it? how come they haven't denounced the members who have used these tactics and by the way, if you take a look at the pamphlet, it doesn't have a union thing on it and we are you have union protesting scabs and the paraphernalias don't contain a union bug, why, to protect the union. >> megyn: and this is the video, on the home, the doorstep of a bank of america executive, sciu and other folks while this nine-year-old child we later learned, although, i don't know when they knew it, was hiding in the closet inside, afraid. now, these are just three examples of situations that have gotten dicey, julie. where are they going with this? >> i'll say this, somebody who doesn't believe in collective bargaining, these things are best dealt with at the bargaining table and gets resolved. may not get resolved to the satisfaction of everyone or

anyone, but both sides get together and get resolved. and to use the tactics, use personal information and people show up at other people's door steps and i would never support and people even who believe what i believe which is that you should use hardball tactics when negotiating, that's going too far. do not put people in harm's way and put people's name out there, something i would never support. even people, most of the people that support the labor unions out there would never support it either and i think brad had a point, it would backfire and that would effect me if i saw it happening even for a cause i map to believe in. sit down to the bargaining table like adults. >> megyn: this guy, sam miskin in massachusetts, an outcry what are you doing to the school board members, asking where their kids go to school and what their spouses do and where they live came out and said for any misunderstanding about intent, i apologize. we're teachers we put kids first. we are not out to hurt anyone and are certainly not going to involve children ever. we're not going to hurt anybody. days after he put out the memo

saying we want to make the school committee feel the same stresses we have. so, there is a real question about the tactics and how effective they are, whether they're ethical or appropriate. panel, thank you for your thoughts. >> thanks very much. >> a pleasure. >> megyn: we're taking your thoughts on it on twitter, follow me on megyn kelly and let me know what you think. strong passions on both sides, but what are the tactics used to enforce those positions? we're coming up and what will be one of the most, most watched events in the world this week. we will see a puff of smoke from the vatican, somewhere right around this time tomorrow, and i believe it will be around 1:30, possibly 2. showing which way the first round of voting has gone in picking a new pope. will it be the black smoke saying they don't have one or white smoke saying they do. the man who literally wrote the book on pope john paul ii has an insider's guide what to watch for and who may be in the lead in the running. and we're hearing claims from an anonymous park ranger who

says his bosses are doing everything they can to make sure the public feels the biggest, most severe impact from those automatic budget changes that just took effect. trace investigates just ahead. is someone trying to hold yogi hostage? hostage? >> i was just passing by and i happened to see the telegram boy stop here. >> and you'd like that was in it, hey, yogi? >> i thought it might be some officially edict and i'd be glad to pass any rulings on the chain of command, sir. >> okay, yogi. i'll be glad to let you read the telegram. >> you see, boo? the ranger can't make a move without me. >> this is one move i'm making without you, yogi.

>> take a look at your tv screen. for the past hour we have been watching day turn to night over vatican city and our

great production team showed you how it looks. the when the sun comes up again, the historic process of picking a new pope will begin officially. we're learning there may be already a few favorites in the field of potential popes and perhaps a few dark horses as well. and the church figures from brazil, the u.s. are viewed as frontrunners, they are by no mean the only possible picks. joining me now is author of "pope john paul ii, a biography", great to see you, john moody. >> thanks, megyn. >> megyn: it's exciting to think who might be the next pope and ascending in the ranks. there's been informal gathers already at which different names have been observed. >> it's an open meeting for first time and getting to know each other, this is a handshake, hi, my name is joe

session. >> megyn: 115 of them. >> and many more there who won't vote and it's an introduction, here is my friend luigi and have a cup of coffee with him sometime and it's informal. >> megyn: how do they get past the language barrier, default to english? >> as in so many places in europe, you can default to english and almost sure that a catholic cardinal speaks english however, some in the past resorted to latin they're all supposed to know. our own timothy dolan says his latin is lousy. >> megyn: whose isn't? let's talk about him. i want to talk about the lead for most american, if we wound with an american as pope. and timothy dolan, and when pope benedict announced retirement, people said there's not going to be an american and now there's more buzz. >> and cardinal dolan has been

trying to put it as far as possible and he said better way to play for yankees than pope. and the way the yankees are playing might have it fill in. over the weekend we heard that he met with several of his brother cardinals in informal setting and many were impressed by the common sense statements he made. he wasn't trying to impress them, wasn't running for the office, saying, here is what we need to do, it's up to us and it's our duty and people came away saying that's a smart guy. >> megyn: how about angelo scola? >> the archbishop of milan. he is a very reverred figure in milan. he may be a little bit too much of a reformer for some people because he has not been part of the vatican insider circle, called the curia. he's been up in the land and prominent in italy, but not within the vatican. >> megyn: that's true with cardinal dolan as well. >> very much so, yes, but if it's scola, it be may be that they're bringing somebody in to clean house in the vatican. >> megyn: how so?

why would they need to do that. >> of course several scandals the past couple of years, the most impressive one is vati-leaks where the pope's former butler gave away e-mails and correspondent embarrassing to the pope and vatican and problems with their banking system, which is not always adding up to the right numbers, when it's supposed to. and there is the worldwide problem of sexual abuse scandals that continues to develop. >> megyn: what is that? are they looking for somebody to come in and be a manager pope, this is how the associated press is putting it. 0 do we need a manager pope to clean up the vatican or inspiring pope to inspire the faithful. >> that's the choice now. neither john paul or benedict himself were good managers. great guys, wonderful popes and wonderful theologians, but not the managers, the ceo type some think the church needs. it is, in addition to being a

faith and a major institution, it's an organization and it has to be managed. >> megyn: father jonathan wrote a piece today talking about how these are the qualifications they'll be looking for the pope and at the end of the qualifications he concludes there isn't one. that man is not in that 115. but that's how it's always been, that we have to accept that whoever the pope will be, will be a human being, he'll be falable, make mistake and won't be perfect. to hold him up to a higher ideal than that is not realistic. >> that's absolutely right. i can remember clearly when the first john paul was elected, he who only served a few months and when he realized the vote was going his way he turned to his fellow cardinals and said god forgive what you have done to me. >> megyn: and the following when you look at jesus elected the original pope so many years ago and this is sort of a direct descendenty. >> how important is it to

those outside of the catholic faith? >> the catholic church is a working organization and works with noncatholics. right now the church is engaged in what it considers to be a serious dialog with the muslim world. if it can be successful in interchanging ideas with muslims that may be the bridge that the western world desperately needs to understand that part of the world. >> megyn: this some kind of exciting. >> kind of remind me of the republican primary season last year, every week a front runner, but i don't think that mitt romney is going to win. >> megyn: do you think that dolan is there with his 9-9-9 plan? >> no, the fastest way to get asked out of the sistene chapel. >> megyn: we know no one is there with a 6-6-6 plan. thank you. within the first 24 hours we get the first vote. take a look, this is john moody's book, you can see it here, called "poep john paul ii", you can learn a lot about pope john paul ii and what

huge shoes he left to fill by pope benedict. and we're hearing a report that president obama has a pick for labor secretary. and wait until you hear who he's reportedly going with. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is! can make any old day a special occasion. so she makes her new mini cream pies with real cream filling and milk chocolate on a cookie-crumb crust. marie callender's. it's time to savor.

>> we're getting reports today from the source in the park service department that supervisors are carrying out budget changes in a way that would make those changes appear as obvious and quote, painful to the public as possible. this is the latest in a series of similar claims about the rollout of the so-called sequester changes. trace gallagher has the latest live from l.a., trace? >> reporter: you've got to remember, megyn, we're talking about a 5% across the board cut on the national parks. the u.s. park ranger who you're talking about who did not want it be to be identified said they came up

with a plan to minimize the impact to the public, but those plans were overruled by the higher ups. the rangers saying, quote, apparently they want the public to feel the pain. now, a park service spokesman disagrees with that ranger's assessment and said he never heard any guidance like that. yet, the national park service director issued memos to his regional director making it appear that the 5% cuts will hurt the public. using phrases, grim reality, long-term consequence, quoting here, we expect a cut of this magnitude intensified by the latest of the implementation will result in reduction to visitor services, operation hours, seasons, and closing of areas during periods when there is insufficient staff to ensure the protection of visitors, employees, resources, and government assets. and then goes on to list these, saying that you know, tours, talks, educational services by park rangers, those are out.

capacity to respond to invasive species cut by half. water quality testing in 55 parks, cut. firefighting capacity, yellow stone and yosemite might open a month later than normal which makes you wonder what the other 95% of the park service employees are doing, megyn, and maybe hire the 5% since they're the ones that are apparently doing all the work. and you know, that's the question that remains is why 5% are so drastic the cuts across the board. >> megyn: all right, trace, thank you. >> reporter: okay. >> megyn: well, a fierce debate has broken out over a new book about women in the corporate world. one of the big bosses over at facebook, cheryl samburg offering a controversial take on what she calls women, work and the will to lead. we'll take up the debate with our panel and if you are a stay at home mom or a working mom, or no one, yoone-- or know one, you're going to want to her it.

and allegedly cheating, hacking and spying on peers. we'll show you the hubbub at harvard and implications and a new debate, and nancy pelosi saying he's been respectful of them and their ideas.

>> fox news alert. a new report concerning president obama's be possible pick for labor secretary. welcome to a brand new hour of american live, everyone, i'm megyn kelly. there are a number of reports today suggesting the president is considering tom perez to replace outgoing labor secretary hilda solis. perez is the top civil rights enforcer under eric holder, the same perez whose fingerprints are on controversy, including whether he may have lied in his role in the new black panther party intimidation case. you recall they were accused of blocking and harassing voters at a philadelphia polling station on election day in '08.

in sworn testimony perez said nothing to do with the department dismissing that case after they won it. internal documents and e-mails uncovered by judicial watch suggested a different story. under perez the justice department conducted 17 civil rights investigations of police departments, that's the most in its 54-year history. one of the most high profile cases with america's toughest sheriff, sheriff joe arpaio and suggested it was all about politics. and perez led to challenge voter i.d. laws in texas and south carolina, as you know a very divisive issue. joining us chris stirewalt, host of power play on foxnews.com. chris, this man, perez, is probably not that well-known outside of washington d.c., but he is a controversial figure and the news on him, reading the report today, the president would have to stretch to find somebody farther to the left for this

position. >> yeah, you know, for all of the meals that the president has taken with republicans lately and all of the fawning that you see from establishment press outlets, the president's reach to the middle and moderating and trying to do a deal with the republican. if he were to make a deal like this, a guy who is tangled up in so many things and the justice department that the republicans do not like, that's not exactly an olive branch. his first action after the so-called charm offensive is to put mr. perez to run the labor department, this would not increase the chances for detante. >> let's talk about the labor secretary in particular in 2013. >> the national labor relations board that passes on labor practices and infringements when labor unions and companies do

things. doesn't exist, and invalidated president obama's appointees to nlrb, and it's likely to be defunct throughout his term. that means for the president's allies in the labor movement who are very important to him and he's very important to them, they're looking for the department of labor to get the heavy lifting done. the only place to go to advance the agenda and even now at this very moment they're waiting with rules that could make it much harder for companies to get advice from their lawyers when they're dealing with potential strikes or potential union organizing so there's he a lot at stake in the labor department for all the lawyers in the country right now. >> megyn: his world few matters, it matters to both democrats and republicans. and the doj handling the case told me in our interview in 2010, perez is the reason he resigned from the doj. that perez was getting ready to give testimony to the commission on civil rights and that testimony was going to be that the law and the facts did not support the case against

the new black panther party despite the fact that the doj had already won a default judgment against the party. and he went in, according to him and talked to perez and said along with his colleague if you give that testimony you will not be telling the truth. it will be false testimony and perez went in and testified that way in front of the commission and the next day, jay christian adams resigned. perez claims it was nonpolitical, the reason they got rid of that had nothing to do with politics, and i'm sure he'll offer similar musings if asked about it again, but there is a question in the mind of some whether this is a person who can be trusted, should be trusted and entrusted with what is going to be a very powerful post. >> well, think about this, when before you did your interview and before you brought that to light, before you did that work and before so many people did so much else on this case, mr. perez's nomination to be in his current position was held up for many months as a consequence of that case, and some other things, just think

about what's happened not just on that case, but on other controversies at the department of justice. you mentioned the effort to force federal oversight of southern states, for voting issues. >> megyn: voter i.d. laws. >> that's controversial, yes, and then fast and furious and other things going on in the justice department that republicans don't like. here is the thing, they throw mr. perez up to the senate for confirmation and he's going to have to answer a lot of unhappy questions and republicans are going to make the president pay for it. >> megyn: any, you know, gender controversy here? the president got hammered early on in his second term for not picking more women for his second term cabinet post a woman is leaving and replaced by a man. >> it's true. look, the president's critics on this issue continue to gently nudge him toward, you need a more diverse, more gender diversity and all of those things, but you know, they're very for giving of him especially when it's somebody this liberal, such a liberal

crusader and people who tend to care most about diversity for its own sake are people who tend to care very much about somebody who is a lib early crusader like mr. perez and they'll probably be easily molified on that point. >> megyn: we'll see if the republicans feel the same as the process plays out. and it's reports that he's emerging is the one most likely. chris, thank you. >> you bet. >> megyn: well, the profile on thomas perez shows that the 51-year-old is a native of buffalo, new york, and is a first generation dominican american. perez served as maryland's labor secretary from 2007 until 2009 when he was tapped for the justice department position. his title in that current position is assistant attorney general, civil rights division. a bombshell developments at a top american university. harvard faculty members are up in arms today after learning the school administrators

secretly searched e-mail accounts belonging to 16 resident deans. we're told they were trying to find out who leaked information to the media about a student cheating scandal. trace gallagher has the very latest, trace? >> reporter: in fact, 70 students were caught cheating on a take home final exam. the resident deans who advised them on matters were circulating memos how best to advise these students who got caught cheating. one was leaked to the boston globe. and in an effort to find who it was, 16 resident deans, well, their e-mail accounts were looked at. the policy is harvard can search faculty e-mails as long as they notify the professors. well, they didn't and the resident deans haven't spoken out about this because they're not tenured, right? so they don't have the same job security as the tenured professors who are irate.

saying quote, here, this is disgraceful even more so than the original cheating scandal because it involves adults who should know better, really smart powerful adults with complete job security. another saying, quoting here, i think what the administration did was creepy. this action violates the trust i once had that harvard would never do such a thing and now harvard has responded saying, and again i'm quoting here, the search did not involve a review of e-mail content, it was limited to a search of the subject line of the e-mail that had been inappropriately forwarded, to be clear, no one's e-mails were open and the contents of no one's e-mails were searched by a human or a machine. now, harvard acknowledges that some people may disagree and in fact, they would be right about that because the tenured professors now want e-mails from harvard president, the provost, and the dean all to be given to them so they can find out once and for all whose idea this witch hunt

was, megyn. >> megyn: i'm so glad i didn't go there. >> reporter: i am so glad i didn't either. (laughter) you know, i'm clearly could have gotten in, i just knew. >> reporter: me, too. >> megyn: the writing was on the wall something like this could happen. thank you, trace. >> reporter: sure. >> megyn: syracuse is the harvard of western new york. so did harvard administrators have a right to essentially hack e-mail accounts belonging to top faculty members. ever wonder whether your boss could look at your e-mails without telling you? we'll take a look in kelly's court. plus, the house minority leader, nancy pelosi, saying president obama has gone above and beyond in his outreach to republicans, has been very fair in dealing with them. we will ask a former congressman who went many rounds with the obama administration, allen west of florida, whether or not that's true next. plus, a facebook big wig and one of america's star female executives igniting a fierce

debate about the right way to the top at the office. was she too harsh on her fellow women? we'll have a fair and balanced debate. don't miss this, it's going to be a good segment. and for the second time in recent months, a fend her bender at one of america's busiest airports, the incidents that they're raising about air traffic safety. >> i mean, a little hard bump, that's all it was. >> no one hurt? >> no one, not at all. not significant. i'm a conservative investor.

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respectful, given so much time to the republicans and their views, to the point that at one time in one of our meetings i said to the president, mr. president, i'm busy and i don't have any more time for this. you have to be the busiest person in the world. if and when they come up with a new idea why don't we just call you back into the room. the president has always been very respectful of the views of the republicans and the congress. their leadership and their membership. he has always tried to accommodate them. i think it's important to note that all of us come here to get a job done for the american people and certainly that is the case of the president of the united states. he's been very bipartisan in his approach. >> megyn: and now with reaction, allen west, former republican congressman from florida, great to have you here. >> great to be here with you, megyn. >> megyn: you were in the congress for many of the years that she is talking about here, your thoughts? >> it's laughable when you

consider this is a fact that once said the republicans have to get on the back of the bus. and if anyone else said that you'd have a lot of people coming out saying racist. and nancy pelosi when she was speaker of the house when she said we have to pass a bill in order to find out what's in it. i don't recall anyone talking with the republicans about the stimulus or getting their input, the health care law, dodd-frank for anything else and when republicans won the house it was a very contentious relationship that was going there. so, this little charm offensive, as which everyone is calling it, is just a great tactic from a very solid political chameleon and we'll see what comes down the road later on. >> megyn: just to keep our viewers up to speed, the charm offensive, now the president has reached out to some republicans, he had dinner with several of them last week and the narrative seems to be emerging in some circles that he's always done this and has always been this outreach and i think any fair media would report that's not necessarily the case.

you could make the case the argument that he's been bipartisan in his approach, but certainly he hasn't been on a charm offensive. >> i don't think he's bipartisan in his approach. if he had been we wouldn't have the quote unquote fiscal cliff deal, spending cuts and now he wants more tax revenue. we would not have a debt and deficit where it is and you know, it's interesting statistic that just came out today, 25% of washington d.c. is on food stamps. we have more people on food stamps than the entire country of spain. if he was bipartisan, he would have been talking to the house g.o.p. about how do we go back to have an opportunity society not a dependency society. >> megyn: his supporters point out obamacare, you mentioned obamacare, he wanted it to be more of a single payer situation, but wound up coming the more moderate view, we won't do that and talk about how not this last go round, but a couple of years earlier he did extend the bush tack cuts and sort of kept those in place a couple more years. they say he's been more toward

the middle, but no one has been there to meet him. >> even with the bush tack cuts. we should not be looking at raising taxes on anyone whatsoever. when you look at what is happening with a 3.6% decrease in household family incomes, that's not what we have to have noorin order for the econo to turn around. the policies are failing, but yet, he doesn't want to hear that, he wants to march down a certain path and understand that maybe he's not as far left as some of the people on the left want, but i think in this second term agenda he's laid out a very far left agenda when you look at what he said during the the state of the union address, it's just more government spending. if he was being bipartisan it would have been a totally different state of the union address. >> megyn: there are examples of him acting in a way that's bipartisan, but the comment that he's always been very respectful of the republican s you look at the list and he suggested that republicans want dirtier air and water and that they have suspicions about kids in poverty getting enough to eat. >> sure. >> megyn: that anybody who opposes gun control on the

republican side is trying to gin up fear. and so, as a former congressman, i mean, what, how do republican react on capitol hill when you hear those comments? i mean, is there water cooler talk of what, why is he doing that? why is he saying that? >> well, the saying is that if he has a complicit media that enables you to get out. it causes you to stiffen up because you don't have someone who is willing to meet you to get a resolution to a lot of the issues that are out there. you have someone is playing politics and now have someone playing good policy. case in point you start talking about women in combat unions in the united states military. wouldn't it have been nice if he sat down and maybe found members in the house and senate and served in the military or former members. at least come across as i want to get a full understanding of this before i come out with this political decision. you're not seeing that. this is all about how do we

collectivize this country and pit them against each other to help me win the points to help get me elected. and now how do i win back the house in 2014. you're going to hear this sound bite coming out, he's a real nice guy reaching out, and sometimes down the line he'll say i've tried with these guys. >> megyn: some democrats are worried they won't be able to gain the houses that they lost to republicans back in 2010. their own party president, president obama is too polarizing. let me ask you quickly, is there a democrat you feel more able to reach out. the president says it's you, it's house republicans who have been so obstinate and won't meet him in the middle and until he has somebody who can do that it's pointless for him to-- >> dennis kucinich and i were together on the libya issue, the war parties act is the war parties october. and a college of mine on the

armed services committee, he announced great common ground on many different things, especially, how do we get spending under control. how do we audit the department of defense. >> megyn: you think it can be done. you don't think it's all obstinates and intransigence in washington? >> look what rand paul did, he talked about that, and got libertarians, everyone together on a common issue. >> megyn: he had ted cruz, marco rubio and the aclu and code pink together, never been done before. >> hurrah. >> megyn: congressman west, thanks for being here. >> a pleasure. >> megyn: a safety question he at one of america's busiest airports after a high profile bender bender over the weekend at new york's jfk. how does that happen? we'll have a live report. and a few hearts are breaking over women, work and the will to lead. and get ready for three strong women on a fired up debate on what cheryl samburg says about working women and how much harder they need to work.

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>> with the help of break through medical technology a disabled man who spent the last ten years confined to a wheelchair is now walking. all thanks to a robotic skeleton that one wears outside of one's skin and take a look how it works. john roberts live in atlanta with more. john? >> reporter: megyn, good afternoon to you, really one word to describe the new technology, incredible one that could give anyone who lost the use of their legs. michael has been confined to a wheelchair after an industrial accident shattered his spine, that's the way he's been gotten around.

and then boom, stand up ap begins a walk and wearing a device called the indigo, it's a robotic set of legs, and stand up, sit down and even climb stairs and gore told me it's given him back something he thought he'd never be able to do again. >> you can't get enough of walking? >> no, never do. until you -- you don't know what you have until you miss it and so many times we walk around all i can't wait until i can sit down. it's the opposite for me. >> reporter: well, so far he's only been able to use it in a hospital setting and one day he hopes to be able to take one home. it's one of three such devices developed, weighs in 27 pounds, derived from technology to control aircraft flight controls as well as industrial robots, and coming from the manufacturer, who soon hopes to get f.d.a. approval to take this into the

clinics across the country. >> i want this to change lives. i want this device to be accessible to the populations that need it most that can be taken and can be fit into a user's life and enable them to enjoy freedom that they previously experienced before their accidents. >> ironic if this is used in a clinical setting, it will be subject to the obamacare tax on medical devices, and if it gets into the home setting, likely that tax wouldn't apply, but then the cost, that prototype, more than $60,000 and unclear at this point, megyn, if any health insurance will pick up any part of that cost should somebody like michael gore have the opportunity to use this on a daily basis. >> megyn: wow, all right. john, thank you. well, we could be on the eve of a historic decision as the college of cardinals gets ready for the conclave which begins tomorrow, where they will select the next pope to lead the world's 1.2 billion catholics.

we're live at the vatican. then, one of the big bosses at facebook, the coo starting a national conversation, some say argument, over the right way for women to advance to the top in their careers and her advice is sparking some strong reaction from the left and the right. we'll have a fair and balanced debate next. and plus, a prestigious institution, leaks to the media and bosses spying on employee e-mails. wonder if your boss could do that to you? kelly's court holds a hearing in harvard square just ahead. searing for a bank designed for investors like you? tdd#: 1-800-345-2550

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>> fox news alert as we get word that three people have now been charged after a string of voter fraud allegations during the the 2012 presidential election. eric shawn has been following this and joins us now. >> reporter: while she admitted voting twice in the election last november, and she's been indicted for voting six times. the 58-year-old veteran cincinnati ohio poll worker faces eight counts of voter fraud along with two others who have been charged. one of those happens to be a nun. miss richardson admitted to a local tv station, yeah, she voted twice and claims she concerned her absentee ballot didn't count and she did not intend to commit voter fraud, but admitted she did vote on behalf of other people, too.

and the prosecuting attorney says she voted for six people including herself. in a statement says that elections are serious business and foundation of our democracy, in the scheme of things, individual votes may not seem important, but that could not be further from the truth. this is not north korea. prosecutors also say that five other people for whom richardson cast ballots are all relatives. while the criminal charges come after the hamilton county board of elections investigated possible cases of double voting and illegal voting and held these recent hearings. and along with miss richardson is the sister clues, who admitted submitting the ballot in the name of a fellow nun, who died before the election. and the division of arts and humanities at the college ever mount st. joseph and she's cooperating says prosecutors and lawyer told that she will plead guilty. and russell gallop is charged

with voting for his wife who died before the election. but richardson repeated votes that shocked a lot of people. if convicted she could go to prison for 12 years, we tried to reach her or other lawyer, but unsuccessful. the prosecutor says even with the cases they're looking at three more case that is they're examining for possible voter fraud. megyn. >> megyn: eric shawn, thank you. well, a fierce debate breaking out now over a new book about women, work and the will to lead. the book is called lean in, by sheryl sandberg, the coo of facebook. and it explains what she believes is holding women back, saying in essence that women may be focusing on the wrong thing and engaging in self-sabotage in the work place. here she is on good morning america. >> and lean in.org, online community is launching, is helping women believe in themselves and helping women know they can reach for opportunities.

throughout my career all the people i've managed the men, they're always, you know, in my office, i want the next job, i want the next opportunity. the women lean back more and when i say you should apply for this, say things like i'm learning in my current job. >> megyn: and never say that, she said. joining me now nina easten, and melissa francis, and emme, a former supermodel. and this is buzz because melissa and i had dinner together last week and were you talking about how you know miss sandburg a bit and how she's gotten so much flak for writing this book before it ever even came out before many people had even read it. >> yeah. >> megyn: what has been the main criticism of her theory? >> i mean, obviously, it's a highly charged topic and anytime you take on this kind of issue, you know, people are going to interpret it any way they want.

one of the biggest criticisms of course is that she encourages women to try hard her and work harder and strive for more. a lot of women say they're doing the very best they can with the resources they have. and they look at the tremendous and especially financial resources that she has at her disposal and says it's easy for you to get out there and tell women to strive for that next promotion, but i'm choosing between being at home and how much time i'm spending with my kids and i don't have the same backup that you have at home. that's been a lot of the criticism. >> megyn: has she he always been rich, melissa, because she was with google when they made it big, with yahoo!-- or facebook when he they made it big. >> she's been successful her whole life and i have to say she's a wonderful woman, she's brilliant. she's incredibly driven and i think when we have this kind of discussion, you know, it's important to take into account that everybody makes their own choices and her choices are great for her and you know, other people's choices are great for them. and that's where a lot of the conflict comes in. >> megyn: as i listen to her, nina, i didn't hear and

haven't read the book although today on my kindle today. as i listened to her in the excerpt she seems not to be saying if you're a woman who's not that driven, you need to be more driven. she seems to be saying if you're driven and asking yourself why, why aren't i ascending, these are some of the reasons. and some of the reasons may be self-sabotage. you take yourself out of the running for things. you talk to yourself in a way men typically don't talk to themselves. your thoughts? >> and you know, first of all, this is a really charged subject. i've raised two boys and started raising them shortly after the controversy over the mommy track back in the 1980's when he companies were talking about putting women on a mommy track and accused of ghettoizing women and now i'm raising a small daughter and this conversation is still with us, the sheryl sandberg and ann marie slaughter who says women couldn't have it all. >> megyn: her chief critic. >> her chief critic in a lot

of ways. and i know her, she's spoken at our fortune women's conferences, basically honing this message the past few years and i think her message is something while it's coming from an elite woman, it's a message that all women can take with them and that is, don't underestimate yourself. get out there, don't be afraid to ask. don't undercut yourself. actually, there are studies about women's decision making and leadership styles that shows that we do lean back. i mean, this is actually been documented that we tend to lean back, we tend to question ourselves more and i think her message is fine. i understand that it really provokes discussion and debate because she's -- there are a lot of women out there struggling and she doesn't speak to them, but let's start somewhere. individuals change culture. cultures changes society and if you look at the top, top decision makers, only 4% of fortune 500 ceo's are women.

that's pretty astonishing. only 14% of women are-- >> and that's a point. it hasn't changed for ten years. so what is it about women that is stopping them from ascending? is it within us or coming from outside and let me get emme in on this. >> i definitely think that the sky is the limit. we can definitely be in the game and we have to be into women, but however, because there are so few ceo's and executives that are female this this type of approach in the book was a sting to the women that do have their sights set on to the higher heights. and while there may be mowing the lawn, getting the groceries, getting the kids from day care, running the home and doing the cooking and cleaning and doing all that and being the very, the love partner of her partner and being an executive, it's just too hard to hear, you have to do more. you have to give up more. but i think that there's so many wonderful nuggets in this

book and from her experience that perhaps if you put a different hat or have a filter-- >> you know, emme, i don't know that's it. >> i'm not sure, i don't know that we necessarily need a revolution at this point. i mean, when you talked about the number of ceo's and how few are women, is that a function of society, a function of companies or is that just a choice? i mean, if you look the at the-- >> probably a lot of-- >> out of pew, they're saying the women that studied that stay at home, only 17% want to work outside the house. >> megyn: wait, let me he jump in and ask you this, melissa. for working women and all four of us on the screen know this, let's be real. as cheryl points out, men tend to network on the golf course where we don't often go. >> good point. >> megyn: men tend to go out for a drink after work. fine, a man and a man having a beer is mentoring and bonding and a man and a woman doing it is the beginning of a potential affair. >> i don't buy that. >> megyn: and the system is set up in a way that leads to that sort of corporate bonding among younger women in the

workplace, go ahead, melissa. >> i totally disagree with that. i don't buy that, i feel completely comfortable asking anyone in this building to meet me for coffee before or after work or a drink to talk about my career. i just, i don't think i think a lot of the-- >> you may. but the male executive may not. >> see, i don't -- i don't feel that. i mean, i think that, maybe i'm unusual. i feel like i can be an add voe -- advocate for my career and 24 hours in a day and so much i want to work and so much i want to be home with my children. >> and melissa, we need to step up more for ourselves. we have to ask for the position and not give up everything. >> megyn: the point i want get to. and respond to this. i thought it was fascinating we sort of select ourselves out. don't leave your job before you leave. can i tell you i had somebody

put themselves in the position with me here at fox, just recently. listen to what she's talking about and says about this. >> don't leave before you leave. what i've seen in my career over and over is women, you know, leaning back years before they have a child. a woman at facebook came to talk to me about this and asking the work-life balance questions and i said do you have a child? you're going to have a child. maybe, i graduate from college last year, i don't even have a boyfriend. you know, what happens though is women sort worrying about it really early. men are leaning forward, promoted next opportunity. women are worrying about responsibilities they don't yet have and then wake up and they're years behind that man and that's how you get the 14%. >> megyn: is that or is that not a real dynamic, nina? >> you know, i think of course it doesn't apply to everybody, but my experience, i was a fellow at the harvard kennedy school the past year, so i had a lot of women, young women graduate and undergraduate women coming up to me and i

spoke at a lot of sessions to women wanting to plan their careers and i heard the same message as cheryl. they wanted to have it all set out in front of them. and they were worried about whether they could do it. a lot of them had mothers they felt didn't do it well. didn't manage the juggle very well. so, we're also dealing with that generation of young women coming up, but i think that her message is be confident and believe in yourself more, is an effective one and something week a can all take ay with us. >> megyn: i can say i've never worried about seeking somebody out for the drink or the golf course, all i've done is work hard. if you work hard, the work speaks for itself. getting pregnant three times, but work speaks for itself. emme, a lot of women feel they need to navigate the course in a more ginger fashion to their detriment. >> i think a lot of women we all know started going on the course right after college

because their mothers weren't achievers or didn't know how to achieve and all of a sudden looked at their clock and they were 40, 42 and missed the boat possibly for having a family. there's an other reverse part of this, wait a minute, maybe i have to manage how i go about this course because you know, men can't have babies, so-- that's a big, big issue. >> and i think that's a reality we all have to accept that being a mommy is different than being a daddy. there aren't always going to be more demand on us, always something in our heart that we take with us in the workplace. >> i don't know, i feel that-- my husband would disagree with what you're saying right now. my husband would say the opposite that he is as invested in our children and wants to go there when we get home and both struggle with the idea of being at work and feeling guilty at work you're not at homes with your kids. when you're at home with your kids guilty you're not at

work. it's part of the work-life balance we're trying to achieve. >> megyn: and women in the world, executive suites maybe we won't play golf for meet for a house wives of beverly hills marathon. see you guys. 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.

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>> kelly's court is back in session. on the docket today allegations of cheating, leaks to the media and reports of spying on employees at america's most prestigious university, or one of them at least. harvard faculty members are furious right now after learning that administrators secretly searched the e-mail accounts of 16 resident deans last fall. they were trying to find out who may have leaked information about a student cheating scandal to the media and in doing so have created yet another scandal of their own. joining me now lis wiehl, and mask eiglarsh, and lis having gone to harvard law school, they do not just let anyone into. all right, same as albany. >> exactly.

>> go gators. >> megyn: who? >> oh. >> megyn: and i'm going to give you first crack at this and talk about whether there is any potential liability or they cross any legal lines in spying on their own employees. >> i think they did i'm so upset with my alma mater here. look, they have a policy in writing, the faculty policy that says the administration will not go after electronic he e-mails, research or communication between students, which is what this was, and if in extraordinary circumstances, i'm not sure it was, if it was, they will give notice to the person they're looking at their e-mail address before they do it. these people didn't get notices. these 16 deans didn't get notice until six months after the search. >> megyn: i'm confused, mark, as i read the report, harvard says it was made clear at the time when they started to investigate who leaked the cheating scandal to the media, that absent clarification of what happened an investigation would be required and they

say, no one came forward. so, they seem to be suggesting that was notice to those deans unless you fess up who did it, we're going to investigate you. >> that's correct, and lis is a little over the top on this one. not secret cameras in faculty showers. >> megyn: that's next. >> yes, coming soon. they didn't look through their personal e-mails accounts, these are harvard accounts number one, they didn't read the content they looked at headers to see who forwarded the e-mail that should not have been forwarded to potentially the students who are accused. half of these students out of 279 were accused of cheating. ironically in a course entitled introduction to congress. >> megyn: who would leak the to the media would be dumb enough to forward out of the harvard account? >> they wouldn't be. and mark's idea of trust, there's no trust. we're suppose today trust the administrators who say we

hacked into your computers and we hacked into your e-mail, but, no, no, we only read the headers and didn't read the content. >> hack? and-- >> how could it be, mark? it's harvard e-mail let the teachers use it and assign a personal lien to it, but doesn't harvard have the right to look into those e-mails? >> well, of course they do and it's right there. everybody knows it. anyone who doesn't expect that they have a diminished expectation of privacy in their own harvard e-mails, they don't deserve to work at harvard and the distinction, if they didn't give notice upfront i would argue on their behalf, they are not considered faculty. the argument that harvard is going to make, they're considered more like staff. >> megyn: i want to say one thing. they looked at the account, only looked at the account through which official university business was conducted not the individual accounts. forget personal e-mail accounts. i want to ask you, a lot of people watching are wondering,

well, what's the deal. does my employer have the right to look the at my e-mails that i send on my company e-mail without telling me? and we're going to have to take that up right after the break.

>> lis wiehl and mark eiglarsh are back with me now. at harvard they have a disclaimer, we have the right to look at anything you want if you do it on the company computer. and gave the faculty greater privacy rights and if the deans are faculty they may or may not have an argument that their rights are violated. but the faculty at harvard is calling it dishonorable, shocking, dismayed. down right creepy. for the rest of the world, lis, who don't have the additional layer of protection like they gave the faculty at harvard. if the employer said the

disclosure i'll look at what i want to whenever i give it to you does that hold up in court. >> yes, a little privacy, your employer has a right to do that and you're on notice in your employee handbook in most places. as you said there's another layer at harvard and i'm reading from the policy that a faculty member will be notified in advance of such a search. >> megyn: and they do say in writing. >> in writing, exactly. >> megyn: traditional-- additional problem for them. >> megyn, who am i to disagree with a harvard educated lis wiehl on that subject matter? it's one thing if an employer is going into your purse to take out your personal diary, but e-mails on the company e-mail you've got to know those for their eyes as well. >> megyn: what could they do with it? a lot of people e-mail personal items on the company he e-mail, something, i don't know i don't know, about their spouse or home, child, finances. could the employer use that information against you because you chose to use your

company e-mail to do it? >> they shouldn't be able to, megyn. yes, can they look at it, yes. when you're a fbi agent and try to get a wire tap through the court the court will give you limited parameters what you can look at. if you're doing an investigation the employer is doing an investigation only looking for very specific things, not the items-- >> they're monitoring-- >> what if you attach something on the personal e-mail they don't like. could they use that against you or fire you for that? >> possibly. i think what they're doing is they're monitoring, also, how you're using your time. if you're sending photographs of ellen degeneres staring at katy perry's bosom at whatever, i didn't send it someone sent it to me. if you're doing it at work you have to know that the employer is watching what you're doing on his time and-- >> oh, oh, boy, a tough time making that case at fox news, even for kelly's court alone we send around some salacious topics. and thanks for being here. we'll be right back.

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