bystanders are helping and apparently didn't know he stole a woman's purse and the thief's accomplice comes over and threatens the good samaritans and both got away in a getaway car. >> is that karma? >> thanks for joining us. >> "america live" starts right now. >> megyn: fox news alert on new escalation from north korea causing concerns in washington and around the world. i'm megyn kelly. they're threatening to reactivate a nuclear reactor with bomb grade plutonium and we first got a look at a disturbing piece of propaganda video. look at this, showing north korea's army using images of america's soldiers for target practice. we'll have more in a moment. the latest in a nearly two-month escalation of threats and propaganda. remember, it started back on

february 12th when north korea conducted a new new weapons test, the third of its history. less than a month later, the united nations slapped the north with tougher sanctions. on the next day, march 8th, north korea voided its nonaggression pacts with south korea and vowed all-out war. by march 19th, the u.s. publicized flights by b-52 bombers over south korea and ten days later, north korea's kim jong-un ordered preparation for strikes the u.s. main land and bases. and north korea had entered a quote, state of war and brings us back it right now. the latest nuclear threats, and this. >> north korean soldiers using

images of american soldiers for target practice. greg palkot has the very latest live from london, greg. >> reporter: probably the biggest news we're getting today is the ratcheting up of north korea's nuclear capability and pyongyang announcing they're activating the nuclear in quality and opportunity. and that reactor was shut down in pyongyang when we were there in 2008. the cooling power destroyed, and it can be restored in six months time and that can turn out plutonium for a bomb in about a year and they have several, and just as dangerous uranium enrichment program, and white house and state department slammed this action by north korea and the u.s. is continuing to treat all of this very seriously.

the u.s.s. john mccain a ballistic missiles defense destroyer coming into the peninsula and the u.s. military floating radar platform coming into range and along with the rhetoric, we're hearing some moderation from both sides and washington saying much of the u.s. activity is related to pre-planned joint exercises with south korea. and also, they're saying, not seeing a lot of increased military activity in north korea. and i'm seeing the same thing on the defector website that you've been following. and north korean leader kim jong-un also quoted today and saying, and i quote here, all he wants is peace, prosperity and happiness for his people. u.n. secretary-general moon said that-- saying today that nuclear threats are not a game. back to you. >> megyn: thank you. a little more now at what's at stake here. the united states has nearly 30,000 troops stationed in south korea and those forces

are spread out across our two air force bases, 12 army bases and one navy base. on the other side of the border, north korea has an army that millions 1.3 and 1.6 million. at the bottom of the hour we'll talk to an assistant secretary to the army who believes north korea may be the gravest national security threat we will face in the near danger and says this is the most dangerous period we've faced since the cold war. that's coming up. we're tracking a developing story this hour on the hunt for whoever shot and killed a texas d.a. and his wife. right now authorities are beefing up security at courthouses and prosecutor's offices across the state of of texas as we're learning more about the murder. dan springer, live. >> reporter: yeah, it seems like everyone around here believes strongly the two d.a. murders are most definitely connected, but there's no agreement on who did it or what group is responsible so the mystery here deepens. it's exacerbated by the facts

that we have gotten no new information from the cops. cynthia's body was found near the front door, leading speculation that she may have opened the door or killer or killers and the d.a.'s body was found near the back of the house as if he was running to get a weapon. there's been a lot of talk about the aryan brotherhood perhaps being responsible because they have a presence in kaufman county and the d.a.'s office was part of a task force that led to dozens of federal indictments last year. and a neighboring prosecuting attorney doesn't think so. >> it was the aryan brotherhood, i promise you, somebody was-- i mean, somebody would have tried the information for this. >> meantime, security at the county courthouse is tight. employees got armed escorts into the building, more than a few are armed themselves. the dallas county d.a. is urging public officials to get license to carry a concealed weapon. brandy fernandez has been named interim district

attorney in kaufman county. she has 24-hour protection. her office is open today and we understand it will be closed at eleven o'clock on thursday and people in her office can attend the funeral of mike mclelland, back to you. >> megyn: dan, thank you. we're learning after clerical error that may have led to the killings of a colorado prison's chief and a pizza delivery driver. the court how admitting that the main suspect was released from prison four years too soon. police even say that evan ebel was supposed to remain in prison until 2017, but instead got out this january. no reaction from the family of the prison administrator who was killed, but the wife of the delivery driver is expressing her anger, saying, quote, how do i tell my four-year-old daddy was murdered becauseerr error? well, critics are taking shots today at a new white house initiative declaring the month of april national financial capability month.

the administration says it plans to teach young people how to manage their finances. yes, i say washington wants to teach young people how to manage their finances. but some are asking where the white house gets the north to talk about managing finances when this administration has managed to increase the national debt by more than $53,000 per household. here are some of the debt warnings we've heard in response. >> and the most predictable economic crisis the country has faced. >> over the long run, the budget is daunting. >> an unsustainable path. >> and children, veterans won't have anything when it's sucked up. >> we're facing a very, very serious problem we're headed for. >> and when it happens it won't be some slippery slope, it won't be six months, it will be like that. >> megyn: and chris stirewalt is our digital politics editor host of power play on

foxnews.c foxnews.com/live. the feds think they need to teach our young folks to learn how to budget properly. that's the presidential proclamation, they're going to teach them how to budget responsibly. they're going to sit the young people down and say first and foremost, borrow 40% of every dollar you spend and add more to your family's debt than anybody before combined. don't bother about a budget, forget about that. and urinal cakes are fun and when you have a credit card problem, take out a card in your kids' names. and there is no crisis whatsoever. lesson completed. off you go, young people, enjoy. >> i sense some skepticism on your part. i sense that you don't believe that the federal government is in a position of moral

authority when it comes to instructing america's youth about how to handle their personal finances. >> megyn: this is why you get paid the big bucks, chris. you picked right up on that. i could sense that there was some incredulity on your part. >> megyn: come on, who is washington to sit anybody down and lecture about fiscal responsibility and budget responsibility? really? budget responsibility? >> well, now, the president points out that the federal government needs to run deficits and should run-- should be running larger deficits right now because the federal government can issue bonds to borrow money. they get most of it from their own banks, the central bank of the united states, the federal reserve and they get a lot of it from overseas and that they have the power to borrow the money. interest rates are low, now is the time to run up the debt so we can spend money on things that will have a-- >> do as i say not like i do, unlike me, federal government,

you people don't have a money tree in your back yard. don't have a printing press. ignore what i do, and listen to me tell you how to live your life and that is to be responsible. >> right, and now here is the other thing, obama, the president has pooh-pooh'd republicans and others who say the american family has to balance its checkbook, has to have a budget, why shouldn't the federal government? >> complicated, don't talk about that, that's silly talk. the truth is there's a moral component, too, and this is significant, when the federal government runs big debts, no matter how many months they declare to be personal financial responsibility month or whatever they call it, however often they say that, when the federal government runs huge debts and continues to run huge debts and even says that it's a good thing, it gets to be a pretty complicated message and you create moral hazard. where people then say, look, if i live in a countries on its way to soon be 20 trillion dollars in debt, why shouldn't i have what i want now on the

argument that the money that i spend now, especially for something that's supposed to be good, like college tuition. we have a trillion dollars in college loan debt going around out there. >> megyn: and don't forget the talking urinal cakes. >> i got that. >> megyn: we gave michigan state police funds to purchase talking urinal cakes, don't forget to wash your hands. >> that can't not work, that can't not work. >> megyn: and 60 of the national debt number that we threw in. it could be 750 at the end there if we hadn't paid for the talking urinal cakesme. really, stirewalt? you're so bored for the last few seconds and the federal government has to pay for it. >> keep the government out of the urinals, is the message here. this will continue to be true, the federal government is losing its moral authority on this subject. left and right, on social

issues, gay miarriage yes, gay marriage no, and talk and talk and talk and losing the persuasion on fiscal matters. >> megyn: this is the true plan out of washington. stossel foresaw this long ago. the true plan out of washington for managing your budget. >> well, i need this. and i need this, and i'm going to take this. and no, no, i'm the old person, i need this. you have to take care of me. i want it. mi mi mine. (laughter) >> that's how we're budgeting these days, sorry, kids. >> that's what i did with the power play easter basket. i'm there, i dig it. >> megyn: thanks, chris. can't make this stuff up. we're hearing new questions, but not a whole lot of answers about the growing use of smartphones and tablets like

the ipad and what the data processing is doing to our brains and more importantly, our kids' brains and the worrisome theory about the fallout from the digital devices. and this woman was thought to be the get away driver, and why is she now teaching?

(siren sounding) >> don't move, hands in the hair. >> you're under arrest for the murder of hugh crosby. >> one of the longest standing fugitives on the fbi's most wanted list was arrested yesterday. >> 30 years after the notorious bank robbery that claimed the life of a guard. >> megyn: that's a clip from the trailer for the new movie "the company you keep." a robert redford flick about a former member of the radical group loosely based on the weather underground wanted for a bank robbery and the murder after security guard. loosely based on the armored

car robby that killed two police officers seen here as well as a brink's guard leaving nine children to grow up without their fathers. the driver of the getaway car kathy spent 22 years behind bars for her crime. she was granted parole back in 2003. but now, reporters have discovered that she has apparently been granted a prestigious teaching position at columbia university, teaching some of america's best and brightest, after she was just honored by new york university. michelle malkin is a columnist and fox news contributor and just written a column about this. so, this is the weather underground person who spent almost, what, almost 24 years, 22 years in prison, pleaded guilty. there's no doubt about her guilt that she murdered three people, and now, she's teaching the next generation of our best and brightest what exactly? >> yeah, well, i think it's

confirmation, megyn, that so many of the colleges and universities across america are cesspools of tenured radicalism and rationalization of left wing violence. the adoptive parents that she left behind and she and the father were guilty. and the boy, a young man, also found sanctuary in academia. i wrote about him in 2002 when he was honored with a prestigious rhodes scholarship and just like his parents, kathy and david gilbert and his adoptive parents, bill ayers and bernadine dorn, chester remains unrependant about the violence that the underground perpetrated and is

quite proud of his parents and adoptive parents quote, unquote, social justice legacy. >> megyn: now we've got bernadine dorn as you mentioned is with bill ayers at northwestern university and now we've got this prize, miss kathy bodine at columbia and her son is a rhodes scholar and believes in the same ideals as his parents did, and so this -- i don't know, my kids are babies, michelle, but i'm thinking if i sent them to columbia university, a great school, a great school, and i find out that miss bodine who murdered three police officers, two police officers and a security guard, i'm thinking, that's not the course i want you to take. i don't think she has anything to say that you need to hear. >> that's exactly right. and i think that this is a warning for all parents. i think it's a very teachable moment as robert redford rolls out this movie, that unquestionably, undoubtedly,

uncertainly romanticizes the legacy of the weather underground and we have to be skeptical and let the buyers beware when it comes to shopping around for the institutions of higher learning that our kids are going to go to. and i should mention that bill ayers of course has now recently been honored with a visiting scholar status at minnesota state university. so many of these places that have become safe harbor for left wing domestic terrorists and their apologists are state and federally funded universities and i think it's-- it behooves all taxpayers to know the real history that's been white-washed here not just by academia, but by hollywood. >> megyn: it's incredible. i think it's a little off, but i think casey anthony just acquitted in the murder of her young daughter, but believed by so many americans to have

actually committed the crime and people didn't want to hear anything about her, didn't want to see her get a million dollar book deal and buy the book and so on. same thing with oj, didn't want to hear his "if i did it" book. but this woman, she can admit, admit to killing three law enforcement officers, served 22 years in prison for it and columbia university gives her a job a prestigious job and the woman who hired her says she's been an excellent teacher who gets incredible evaluations and she's teaching issues about convicts and families when you're released from prison. well, she's got some expertise. >> she certainly does and i would urge the families especially of those who are victimized and those who are murdered, to continue to speak up. i mentioned last week in my column, when this movie was being rolled out that there remains a scholarship, a memorial scholarship fund for the two police officers that were killed, edward o'grady

and waverly brown and they're going to be having a fund raising banquet in june for students who do not believe in the legacy of left wing terrorists, and are pursuing law enforcement careers, remember them, please. >> megyn: am i they will mmiche we'll be right back.

>> fox news alert. breaking news from the united nations. for the first time ever, the general assembly has just overwhelmingly approved an international arms treaty, that the u.n. claims is designed to keep illegal weapons away from terrorists, insurgents and organized crime. second amendment defenders here are concerned about this treaty, saying it gives the united nations too much power over the u.s. constitution here in america. there will be more on this throughout the day.

an american engineer is found dead in singapore and his parents say our government needs to get involved. new developments today in washington as president obama is now set to meet with singapore's prime minister less than an hour from now. and singaporen authorities ruled that shane todd's death a suicide and the family maintains that shane was murdered after warning that his poss in singapore may be passing along secret research to china. our research. trace gallagher live in the west coast news room with more. >> trace: it's important to note we have no idea whether this conversation will come up when the president meets with the prime minister of singapore. it's already putting strains on u.s.-singapore relations and max baucus lives where the todds live, saying he wants to block funding to singapore because he wants the singapore

government to give the fbi all of the evidence in this case. now, singapore has requested some assistance from the fbi, but apparently not enough to satisfy senator baucus. now, the reason that shane todd's family believes he was murdered and it was made to look like suicide is that shane todd was working for a contractor to the singapore government working with a substance gallium nitrate said to be better than silicone when it comes to technical equipment. shane told his parents the company was dealing with a chinese telecom company and believes his project could threaten national security. listen to shane's mom talking about how her son feared for his life. >> as the weeks went on, he got increasingly more agitated and distressed and was facing saying, mom, i'm afraid i'm never going to see you again. >> remember, this chinese

telecom company has already been listed by congress as a national security threat. the fear was they were going to use this gallium nitrate to build military radar, both jamming and upscale radar equipment. the contributor in singapore denies that it was dealing with this chinese company. we should know that shane todd is having a coroner's inquest on his body. that will be done some time in may and that may give more answers whether this was suicide or murder to look like suicide, megyn. a lot of answers still to be had in this investigation. >> megyn: trace, we'll follow it. see what comes up today. and fallout from a controversial easter sermon attended by the president and the first family and some political writers ask whether the people who attacked dr. ben carson for getting political at the national prayer breakfast will criticize this episcopalian minister for getting political at the pulpit. it wasn't just the political

writers, we asked that question yesterday and we'll ask some of the pundits who went after dr. carson. and the growing use of smartphones and tablets like the ipad. what all of this data processing is doing to your children's minds and their developments. some disturbing new data just out. plus, the white house says it's considering a response to the latest threats of north korea. we will ask the former assistant secretary of the army why he says the situation is no laughing matter. and why he thinks things will inevidentbly get worse with north korea before they get better next.

. >> trace:. . >> megyn: time for the top stories. white house moments ago said it's quote, considering a response to brand new threats today from north korea and unpredictable young leader bangs the war drum again. earlier today the north said it would revive a nuclear reactor capable of producing bomb grade material as we get video of new troops there using images of american soldiers for target practice. my next guest warns north korea may present the gravest short-term threat the united states currently faces. and a former assistant secretary of the army and chairman of consulting firm, american defense international. van, thank you for being here.

>> thank you. >> megyn: i know that you believe this is the greatest nuclear weapons challenge the united states has faced since the cold war. why? because for so long, we had largely dismissed the rhetoric coming out of north korea as just that, rhetoric. >> well, i think that's part of the problem, megyn, we did dismiss it. when we did it, we only emboldened this young, immature 29-year-old. he has challenges like his father and grandfather. he has something they didn't have, a mature ballistic capability and don't forget the test was successful that we saw in december. as a result of that rocket test megyn, back in december, there's a north korean satellite in orbit right now circling the earth. and secondly, he has a much more mature nuclear capability that none of the other north korean dictators ever had and we know now from that february 12th test, megyn, was a

miniaturized nuclear warhead designed similar to what iran has and we can trace its origin back. >> megyn: that's the danger, the ballistic missile capability and plus the nuclear capability, you say that together is no laughing matter and this son, who was like a chip on his shoulder? what is it? else's got to live up to the old man's legacy. and the old man is looking reasonable by comparison, is not somebody we want to have that dual capacity. >> correct, he's like a chip off the old block. and let me tell you, you saw the news today with this -- his further announcement of the plutonium enrichment facility, resorting that. and strong evidence of satellite photos showing increased activity at one of their own uranium enrichment facilities as well and we believe that the test in february was a test of uranium. >> megyn: and that's worse than plutonium.

>> worse and much more of it. and the threat is much, much greater. i'm glad to see the administration's finally real missile fort one in alaska. that's our fires line of defense it was ground based interceptors. >> megyn: it seems creepy to be talking about the north koreans hitting the continental united states with some sort of nuclear bomb. you, but you're talking about missile defense that we need on our west coast to prevent this lunatic over there from trying exactly that? >> megyn, when you-- we went three planned missile silo fields in greeley went from this to one. and when you send a signal like that, when you gut missile defense, when you cut 1.2 trillion dollars out of our defense budget, that sends the wrong message and it invites trouble from someone like kim jong-un, we sent the

wrong message. >> megyn: i don't want to scare our viewers unnecessarily because again, we're getting a pretty good picture what kind of person we're dealing with over there, but what kind of capacity do you believe he has to actually hit us here in the united states and hurt us? >> well, i'm very concerned that we're getting closer and closer where he can take that miniaturized nuclear warhead and put it on a mechanism. it doesn't have to be accurate. we saw from the debris fields of the ballistic test in december that the range is much greater than we envisioned and there's also some concern that he may have obtained an electromagnetic pulse warhead you don't have to be accurate with that. and the last 48 hours we've taken the right actions and hopefully he will get the message and ratchet down the rhetoric. it's a good sign yesterday that they passed that they

were a defensive nuclear state. and china it a key in this. >> megyn: they're the only ones to get results from north korea. what's going on? north korea is a mess and one wonders whether it's a big distraction from the problems that kim jong-un is having in his own country. is he banging this war drum so it's sort of look over here, look over here. if you look back over the past ten years repeatedly they do this with the nuclear facility in 1994 shut it down in exchange for an aid deal. then they reactivated it in 2002 after the deal broke down. then in 2007 they suspended it again, then in 2008 they blew up, we had video of it, a tower there because they got what they wanted from us, once again, we keep trading over the same plants and the same threats, and what do they get out of it? >> you're exactly right and they want food and money and i think that's what this is all

about, but this time i think they've miscalculated. because we've got to take it much more seriously than ever before because of the maturity of that nuclear and ballistic thet. you're right about the chinese, the chinese have put troops along the border they don't want the north koreans coming across their border. china, there's a power struggle in place in china. on one hand they did the right thing crafting the u.n. security council, recent resolution, but on the other they helped iran funnel money through a chinese bank to help pay for nuclear tests back in february. so, china's got to get tough and it's time for the international community to focus on china. you helped create this mess, you need to help solve it. >> wow, what a situation, thank you. see you soon. coming up today. a new chapter in the tragic legacy in the king of pop. is michael jackson's family heads to court in order to prove he was worked to death. trace is tracking the breaking

news from the court and kelly's court takes on whether the jackson family actually has a case here. how much screen time is appropriate for your child. ever give your child an iphone to distract him or her while you're having a meal? dr. keith ablow joins us next with disturbing fallout from the digital devices. the head of one u.s. group is compared to a mob boss in the big ed standardized cheating scandal. to defraud both taxpayers and parents. >> those results from caused by cheating and the money that she received, you're alleging, that money was ill-gotten. [ male announcer ] in blind taste tests, even ragu users chose prego.

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how old is the oldest person you've known? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed: the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪ >> a quick update on a developing story in texas where there's a worry about a pair of escaped inmates who are now on the loose.

police are searching for 45-year-old brian allen tucker, he's held for murder. and 40-year-old john marlon king held for evading arrest. authorities say the two escaped the hopkins county jail east of dallas, reportedly they got out through a recreation yard used by female inmates and shed their uniforms once they got past the fence. all the schools in the area are on lockdown and remember, police in the state are on edge over the manhunt for whoever killed the d.a. outside of dallas earlier this week. stay tuned. well, experts today are warning of a growing epidemic that is leaving the minds of young americans completely rewired, from smartphones, ipods, ipads and digital devices, digital overload is happening on the developing minds of our children. dr. keith ablow is a member of our fox news medical a-team. so a big ole study was done

over seas on thousands of children to see how media, how digital media, everything from your iphone to television, to video games, how they're all affecting our kids and the short answer is tv videos, dvd's et cetera for a few hours a day, they conclude that these lead to conduct problems, emotional symptoms and relationship problems by the time your kid is seven. >> and no surprise, megyn, because these substitutes for human contact don't reproduce human contact. you know, over 90% of human communication is said to be nonverbal. it's a turn of phrase or a look, a glance. if you are disconnected from that, how are you to then proceed into relationships in a robust, honest, em pathetic

way? you're not, you're use today dealing with machines. >> megyn: and a mother and sister were trying to have dinner at the restaurant and gave the 4-year-old and 7-year-old an iphone or ipad to entertain themselves toe the two people could have a conversation over dinner and i'm sure a lot of parents out there have done this. what they conclude in this piece is while one instance may not be damaging to your child. if that's your default as a parent, you are not teaching your child the art of conversation. how to behave among others, how to interact with fellow human beings, which is often learned at the dinner table. >> absolutely, and this is becoming our default, not only our default, our primary way of conducting interpersonal business and listen, there are tracking devices on phones and increasing number of them such that you won't have to look your child in the eye anymore and are you really going where you say you're going? you promised you'd be back by 11 p.m. instead you can say that, but

you don't really need to gauge your child's response, whether you have confidence in the boy because you know, well, i'm going to check the iphone anyhow or the other phone. the bottom line, that short-circuits the connectedness and not have to be trust worthy. >> and the other thing teaching your children how not to ever be alone and unstimulated. when you and i grew up, there was a lot of being alone and not that stimulated and had to rely on your friend, mr. imagination, and sort of get used to being alone with your own thoughts and try and become an interesting person. today it's all about the video game, what can i learn, what's online, what can stimulate me as opposed to me doing it. >> correct. and the people can't be alone. remember, they're the people who are setups for drug abuse, alcoholism because loneliness is uncomfortable and they don't want to feel it.

you need to be okay with yourself. loneliness being alone is also the way that creativity is born. when studies are done of research scientists, for instance, the big break throughs in terms of medical leaps forward and other insights, they don't come when people are looking at their computer screen. they come in moments of reflection, where people are blue-skying it. they're kicking back, having lunch with their colleagues. that's when they have these moments of epiphany that turn research in a different direction entirely and lead to all kinds of gains. instead we note, general time we have a free moment, don't let yourself think, don't let your mind wander, check your e-mails, check your tests, that's not about creativity, that's accounting for information. >> megyn: look for outside stimuli bill o'reilly once told me i don't have a blueberry or a blackberry, i sit around and i think.

to his own credit he writes his own show, dictates his scripts and he thinks about the issues and comes up, and you may agree or disagree with what he says, that's how he has the most powerful show in all of cable news because of the creativity and riding in your car, i find myself doing it, on the way home. it's gorgeous outside, the sun is shining, you're not taking anything in. >> absolutely. i agree with what bill side. i agree with what you're saying, the bottom line, that these things do, they empty us out. they turn us into technology addicts, they make for us, data points for commercial enterprises that data mine us. there's a cost to that, how connected you can be to other people. the extent you're connected to machines, you're less connect today other people. that's how it is. the amish and the luddites had something to teach us. >> megyn: they do say that the

video games they found perhaps less damaging than tv videos or dvd's and the american association of pediatric discourage media use by children younger than two. dr. ablow, thank you for being here. >> thank you, take care. >> megyn: and opening what could be a trillion dollar can of worms when he it comes to union pensions and who is going to pay for them at the end. day. judge napolitano is here next. and questions surrounding the death of tv reality star shain gandee. and what it means f "buckwild." >> he's told everybody he was going to do "buckwild" for his family and do whatever he can for his family. okay, team! after age 40, we can start losing muscle --

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>> from our satellites today. we've got video of a wild scene unfolding in china. a man who we are told was drunk climbed up on high voltage power lines and refused to come back down. the electric company turned off the power so he would not electrocute himself. and they watched him slip and caught by other wires. and by the time he went tumbling, emergency crews set up a net which caught him. wow. we're also tracking a big story unfolding in atlanta where dozens of caeducators are individually surrendering to police. and compared to a criminal mob boss, and trace gallagher from the west coast news room. >> trace: you're talking about the former student beverly

hall accused of being a ring leader. we've never seen anything like that. we've had five turn them he selves in, not just the former superintendent, but principals and teachers, you name it. the biggest cheating scandal involving standardizing we've ever seen. now, hundreds of educators have already admitted taking part in this scandal. tampering with tests, correcting answers, inflating scores. for example, in one atlanta middle school, 80% of 8th graders tested proficient in math which is pretty astounding considering the year before only 24% on the 8th graders tested proficient. and parents wondered why they were failing out of school yet, they were acing the standardized test. >> here is one point. >> my think of the whole situation i have a 15-year-old now who is behind in achieving

her goal of becoming what she wants to be when she graduat graduates. >> trace: of course, as the test scores went up, then the money came in. they got hundreds of thousands of dollars in bonus money. some teachers have already admitted there were big pizza parties, where they had a get together and erase some answers and correct the other ones. all the educators face cheating, stealing to cheating, retaliating against whistleblowers in this thing and they could get up to 20 years in prison, a lot of them have pleaded not guilty, but 30 more educators were walk in to turn themselves in in the coming hours. >> all right, trace, thank you. speaking of education, lots of tweets online on the kathy bodine. you said she killed someone, no, she was a get away driver. no, no, no, she pleaded guilty to murder which is what it is when you drive the getaway car

and brinks guards and cops were killed. murder. and may have opened a trillion dollar can of worms when it comes to public pensions and who is going to pay them. n.r.a. unveils a long awaited plan to keep keeps safe. it's like a sexy sandwich. [ anouncer ] compare new griddle melts yourself. just $4. it's like a sexy sandwich. it's an epic breakfast sandwich.

>> fox news alert on a big day in the debate over the second amendment and the rights contained therein as the n.r.a. unveils its new plan to keep children safe in school. welcome to a brand now hour of "america live," i'm megyn kelly. the school shield promise n.r.a. after newtown, connecticut. it it comes as congress struggles with a compromise on the issues of gun rights and gun control. proposed training programs for school resource officers. a recommendation that states change laws to allow certain people to carry weapons on school grounds.

and a safety assessment requirement for all schools. the father of a 6-year-old who died at sandy hook saying this today about the proposals. >> i think it's important that everybody out there recognize the importance, as parents, we send our kids off to school and there are certain expectations, obviously, in sandy hook those expectations weren't met. this is a comprehensive program. i applaud everyone for their input. i also want to say that i think politics needs to sort of be set aside here and i hope this doesn't, you know, lead to name calling, but rather, this is recommendations for solutions, real solutions that will make our kids safer. >> megyn: chief congressional correspondent mike emanuel joins us with more, mike? >> reporter: hi, megyn, the

n.r.a. put out a 225-page study at an estimated price tag at 1 million dollars. and why they believe training and arming a staff member at a school makes sense. >> the specific finding a recommendation is that the presence of an armed security personnel in a school adds a layer of security and diminishes response time that is beneficial to the overall security. so, the answer is yes, it is a plus, but we also recognize th that, one, the decision is locally made. >> reporter: at that event was a father from one of the sandy hook school. and putting it aside. >> i'm putting it on you and the experts out there to do something with these to implement solutions so people don't have to go through what i'm going through.

>> reporter: as time goes by. the latest fox news polling says support for some have slipped. >> mental background checks have dropped since january and n.r.a. proposals, armed guards in schools, down 9 points. and as lawmakers try to find support for legislation, a top democrat says he's looking for common ground and not picking fights. >> you will not hear me beating up on the n.r.a. i want to work with the n.r.a. to bring about meaningful legislation so that we can get something done. >> reporter: tomorrow, president obama will visit a police academy in the denver area and will try to drum up support for improving the background check system. mr. obama is expected to travel to connecticut on monday to press congress to act. despite the push, lawmakers are struggling to find support for universal background checks and other measures. >> megyn: mike, thank you.

mark who you heard from got national attention when he questioned the rush to pass gun control laws in the wake of newtown and the lack of discussion of what he called mental health issues. he gave dramatic emotional testimony in january only a month after losing his 6-year-old boy. >> criminals by definition break the law. what we experienced in sandy hook, did they break the law? of course they broke the law. is one more law, i don't care if you named is james' law, i don't want it, i want responsible legislation, it needs to be simple, it needs to be enforced, it has to have as a tenet individual accountability. >> well, now connecticut is getting ready to vote on what is being described as the most restrictive set of gun control laws in the nation. the vote is expected in days and just ahead, we will speak to another connecticut man who

skipped work for three days and his paycheck to share his concerns about protecting the second amendment and we'll hear why he thinks gun supporters and their rights never stood a chance in this debate underway in connecticut. fox news alert as we hear from the pentagon on new developments out of north korea. the rogue nation earlier doubled down on its threats against the u.s. and saying it will reopen a closed nuclear plant again. and reports showing them fighting at cut-outs, among others american soldiers for target practice. pentagon secretary george little reacting to the latest threats moments ago. >> we may or may not do in the context of a future north korean provocation such as the ones that you described, talking about the specifics of the plans which is classified, but we do have options at our

disposal to respond effectively to any of north korea's provocation. we have plans in place with our south korean allies and we naturally hope never have to put any into place. >> megyn: that's the latest he threat from north korea, released its leaders, kim jong-un, studying charts for a strike on american soil. we're also watchg for new fallout today after a federal judge lets stockton, california become the biggest american city ever to declare bankruptcy. very unusual. the ruling opens the door for stockton to maybe, potentially, possibly, we'll see, walk away from hundreds of millions of dollars in public pension payments that it owes. something other cash strapped tis in california could also try to do to deal with ballooning debt. in fact, this could potentially have national relevance as last year, unfunded pensions across this country equaled more than 4

trillion dollars. judge andrew napolitano is a senior judicial analyst and it's so unusual, normally he when you're a company you can liquidate your assets. and stockton can't sell city hall so it's strange. >> when you and i were in law school, in my case, in the middle ages, a professor says what happens if a government declares bankruptcy, the students probably would have laughed, it was unthinkable. it just doesn't happen. somehow there would be an increase in tax revenue or some sort of a bailout. i don't know what's going to happen now. stockton is the tip of-- the beginning of a very, very long train. stockton owns over 200 million dollars to people who lent it for everyday operation,bondholders and 900 million, almost a billion to the pension system. this city only has 300,000 people who live there and not actual of them own real estate and pay taxes.

>> megyn: can't afford that. >> and where is the money coming from? >> one of the reasons they're in the predicament, and discussed with stuart varney yesterday, you could work for the city for an unspecified period of time and get a lifetime pension for you and a dependent. you work for a year and pension for life? >> stuart is correct. it's reprehensible what the politicians did, how did they get votes? giving lavish deals for people who will continue to keep them in office. they either never thought they'd run out of cash or the cash would run out not on their watch and they also of course wrote laws that would benefit themselves because the politicians making these laws would themselves be pensioners some day. the pensions are lavish and generous and noncontributory, comes from the taxpayers. >> megyn: it sounds good, and we want our firefighters and police officers to be taken care of, but if the deal is not worth the paper it's printed on, it's not so great

and not that, now the citizens of stockton, judge, had to cut down on health benefit, slash unemployment and renegotiate some labor deals and had to cut library and recreation funding and scaled town police departments presence and now the police department only responds to emergencies in progress and the city crime rate is among the highest in the country right now according to the associated press. >> this is a direct response, a direct reaction, a causal relationship to the profligate ways that the city who ran the city a general rajgeneration ag to the present time are running it. >> megyn: what happens if it spreads. >> it will spread, you mentioned in the promo for the segment. members of congress, congressman chaffetz of arizona-- back up from the congressional budget office, that the total unfunded liability of state and local governments for their pensions, pension payments they must make which he they do not now have is in

excess of 4 trillion dollars. so, this stockton bankruptcy is the first car in a very, very long train. where is all of this going to go? probably to washington. stockton can't print cash, washington can. but when it prints on cash and borrows from the federal reserve which essentially creates the cash out of thin air, it just pushes this burden to future generations of americans, in most cases as yet unborn. >> megyn: it's the stossel chip that we showed the last hour and showed many times again, this is the backup plan in case we run out of pension money and john stossel foresaw it all, here it is, watch it. >> well, i need this, you know? and i need this and i'm going to take this. and no, no, i'm the old person, i need this. you have to take care of me. i want it.

mine. >> that's john is a genius. >> megyn: he's the forseer of all. >> he's explaining in a basic, fundamental way that even children can understand what the government is doing to us, what the government will do to your child that's yet unborn and it's reprehensible, immoral, not authorized by the constitution, it ought to be criminal and this is what they've saddled us where. where are they going to get 4 trillion dollars? most of the recipients of that 4 trillion are honest hard-working people planned their lives and expect today receive and it's not correct. >> megyn: the deal-- >> not going to be there. >> megyn: judge napolitano thank you for being here, thank you, my friend. nickname internally. coming up, a new debate over the church's sermon. and will those who attacked dr. ben carson for his remarks at a national prayer breakfast, attack this minister attacking from the

pulpit on easter sunday. the reality show star from "buckwild," the latest, trace has that. and the toughest in the country, we'll speak to a man who gave up three days of his own time to go to work to try to testify before the connecticut lawmakers, urging them not to do this and why he now believes that the gun owners never had a chance. >> there aren't any gaps in the system every time something goes wrong, every time a crime is committed. sometimes things are beyond your control. you can't control everything. evil exists. [ male announcer ] how do you measure happiness?

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master hahn taught you all that? oh, and he says to say (translated from cantonese) "you still owe him five bucks." your accent needs a little work. >> thursday i've taken off of work and come here like so many of the rest of us to plead to you for us to keep our guns. because of the action of some

wing-nut. if that isn't inherently wrong, i don't know what is. that these bills are even in proposal form is scary enough that any of you could be possibly undecided is scary enough. what are you looking at? i applaud those that took so-called firearms 101. >> megyn: that's robert steed testifying during hearings in connecticut on proposed gun control laws. he believes strongly in gun rights and you heard him say he gave three days it argue for those rights. and lawmakers have what is called the most restrictive in the country. mr. steed is disappointed. the robert, great to see you. i know, obviously, you're disappointed, but the points you were making as connecticut

gets ready to pass a law, just so our viewers know, it would create the first gun offender registry and require universal background checks for all gun purchases, it would ban the sale of large capacity ammo magazines and magazines now legally owned will have to be registered with the state. so, your reaction to that? >> well, i hope we all feel much safer that i am going to register high capacity magazines and firearms i've lawfully own for 15 years. i hope everybody feels safer about that. >> megyn: you talked about your testimony that you thought if they did this, if they passed this, the official votes are going to take place on wednesday, that it would be a victory, another victory, you said, for adam lanza, which you called despicable. how so? >> how so? well, one thing that we know about these types of mass murderers, that they look for the limelight.

they look for immorality through their own atrocities, and for legislators to only find a political response to somebody else's atrocities is just more victories for the perpetrator of the crimes and more punishment for those that have done nothing wrong to begin with and that to me is fundamentally flawed. it's not america. >> megyn: in that clip we ran before we went to break, you were talking about evil, you know trying to prevail on the lawmakers to see that evil exists. adam lanza commits a crime and i'm here to grovel for my rights and explain that my firearms are kept safely. you can't find a broad-brushed solution to evil. do you think that what folks have been grappling with here? >> i don't know who you're referring to as folks. if you're talking about the lawmakers. >> megyn: lawmakers. >> yeah, sure, if you're talking about the lawmakers,

the only thing they apparently know how to do is pick out the easy targets for political response. those easy targets are always the lawful, transparent, peaceful gun owners. the mere nature of who we are makes us easy targets. in the state of connecticut, i believe the population of this state that owns firearms is about 16%. so, they know therefore, that there's really no voter demographic challenge to whatever they want to do to peaceful gun owners in this state. >> megyn: you know the folks who have looked at newtown, who are on the opposite side of this issue, they point out that adam lanza did what he did in that classroom, in that school within five minutes and he killed 26 people, including 20 children within five minutes and they talked about this high capacity ammo, you know, as part of the reason he couldn't have unleashed so

much carnage in such a short time if he didn't have that kind of ammunition. your thought and response to that. >> my thought and response was this, this was a systemic failure and breakdown inside that lanza household long before december 14th. if we want to find a solution, and it's not going to be a political one, but your good friend bill o'reilly mentioned plenty of times, it's the breakdown and did he egradation the family in america, and get back to that, maybe spirituality, i don't know what the answer is, we need cohesiveness, intervention early on before it ever gets to a point where someone like an adam lanza can get his hands on weapons that if misused can cause these types of devastations. my weapons will never do such a thing. megyn, if you're a gun owner, your guns will never create such a travesty, 99-- go ahead. >> megyn: and yet, some, you know, the media in your view

and in the view of many, bears some responsibility here because what do we do in the wake of the shootings, but create martyrs out of these killers and to some extent that gets in the head of the next killer who wants attention. >> megyn, i'm very happy that you mention that. in fact, i didn't know whether or not you, as a member of the media, would take offense to that remark during that testimony. >> megyn: true. >> and i think that everyone who worked in an institutional society, whether it be the government, whether it be media, religion, or what have you, any of the pillars of our society, we all have a responsibility to how we conduct our job and maybe we should be less focused on the actual procedure to whether or not we're performing the procedure correctly, but start taking a long, hard look at whether or not the procedure itself is effective and appropriate. >> megyn: yeah, the media needs to have a discussion about how we can do better. that's not blaming us, but we have a role in the wake of

these things and i don't know that we're living up to it. robert, thank you for being here. >> megyn, can i add one quick thing. >> megyn: quickly, hard break. >> there will be a liberty rally on april 20th at state capitol in connecticut, all are welcome. >> megyn: got it robert. we'll be right back. ♪

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>> news in the death of a popular reality tv star. "buckwild's" shain gandee and his uncle and one other was submerged in a mud pit. >> yeah, he was last seen in a bar about three o'clock in the morning in his hometown, saturday morning and told his friends he was going out

four-wheeling and if you ever watched the show you know, that riding around in his truck was really his pride and joy. but the truck wasn't spotted for almost a day and a half. finally, someone saw it, it was kind of in some deep mud. listen now to one of the local deputies. >> we received word that someone had seen a vehicle wrecked in the woods near shain's house and first responders located a wrecked ford bronco that later confirmed it belonged to the gandee. >> look at the truck, the headlight night be out. mirror broken, but other than that almost no damage whatsoever. so now there's some indication that maybe they're looking at carbon monoxide poisoning because the muffler was beneath the mud level pan there's a chance exhaust kept coming on and bubbles up inside the cab. you had gandee, his uncle and

friend in their seats buckled, but they were all dead. andin gandee and his uncle inside, and mtv renewed the show for another season, but for the time being suspended and they'll decide in the next two or three weeks whether they'll move forward with the next season of buck wild. >> all right. trace, thank you. back in february, neurosurgeon ben carson caught heat for criticizing the president he's policies at the national prayer breakfast. in fact, some students at johns hopkins medical school asked for him to be booted out of the commencement address because in part the national prayer breakfast. >> it wasn't the right venue for doing it and in my view didn't live up to the purpose of the breakfast. >> to do it at the national br prayer breakfast, to be

celebrating national harmony and unity totally out of place. >> megyn: now some are wondering the same people who had an issue with dr. carson have an issue with the minister who attacked republicans at an easter sunday service attended by the first family. we will speak to the two folks you just heard in that clip about where they stand now coming up. and michael jackson's mother back in court reportedly seeking 40 billion dollars from the people she claims worked her son to death. that's their theory. it's a wrongful death case against the promoters of his concert. we'll have the latest on that lawsuit going on today. did you know that if you wear a partial, you are almost twice as likely to lose the supporting teeth? even subtle movement of your partial can put stress on supporting teeth. this could lead to further tooth loss. try new poligrip® seal and protect denture adhesive. it stabilizes your partial to help reduce movement

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>> good news for the auto industry as ford and chrysler post some of their best sales in nearly six years. chrysler's sales rose 5% in march and ford did slightly better posted a 6% increase and chrysler says sales were mostly led by pickup trucks like the dodge ram and chevrolet silverado, a great sign for the economy because those vehicles are used in home construction. political writers and others are asking new questions today about that easter sermon attended by the president and first family in which the minister of the church

attacked what he called the captains of the christian right for their stances on race, gender equality, gays and immigrants. now, remember pediatric surgeon ben carson took a lot of heat for the national prayer breakfast two months back. here is what two of my guests joining me in a moment had to say about dr. carson in february. >> i think it's inappropriate. i agree with his remarks, i wouldn't disaagree with a single thing he said. the vane u for doing it. >> and alan your thoughts. >> to do it at a national prayer breakfast, a place to celebrate humility, harmony, unity, was totally out of place and indictment of what's wrong in washington and no safe space anymore for comedy, no safe space to be free of ideological partisanship,

polarizati polarization. >> how do they feel now. cal thomas, a syndicated columnist, and dan from ghost writers. and tony perkins, the research council. as a captain of the religious right, who we believe is one of the ones being attacked by the reverend in that sermon. let's go down the line, cal. do you feel the same about the reverend making remarks on easter sunday as did you about dr. carson at the national prayer breakfast. >> i do indeed, megyn, the difference was i agreed with everything, as i said, that ben carson said at the prayer breakfast, just the wrong venue. when i first heard about this, the first reaction did this guy climb out of a time capsule bauried in the 1950's. blacks the in the back of bus who has been talking about that for decades. ridiculous and for the president to sit there and he's giving a political sermon

when you're supposed to be talking about jesus of nazareth, inappropriate and maybe succumbed to temptation all too prevalent. to settle for a lower kingdom when you ought to be referring to a higher one. >> megyn: and charles krauthammer says he may have been settling for the kingdom of the press knowing the press was there and maybe want today make a splash. i want to let the viewers know i didn't read the quote from the reverend on sunday. drives me crazy with the kaments of religious rights are calling back to you, for blacks to be back in the back of the bus for women in the cash and gays in the closet and immigrants on their side of the border. how about you, dan, do you condemn this the way you did dr. carson. >> i think what he said was totally inappropriate and inaccurate. there's very much a problem that deserves addressing, there are some on the right, whether the immigration debate, gay marriage debate, their views are shaped and distorted by bigotry, no question about that. but the language he used was

so overbroad, unfair and inaccurate and i think that tony can speak to this. there is a segment of the evangelicals that trying to get reform. and a blanket indictment prevents us from dealing with what is a real problem, but by blowing it out of proportion and being unfair. >> tony ow inalienating is it for someone who is religious and a christian conservative and folks who believe as you do, that what you really want, you want blacks in the back of the bus and women back in the kitchen and gays in the closet and immigrants back on their side of the border. >> well, his comments, really, the merits of those don't even deserve to be addressed, but i will say this, i appreciate the fact that i've been promoted. i was a sergeant in the marine corps, and i'm glad for that, but let me say this, i defend his right to say what he side. the question here is not did

he have the right to, enter into what some would say political speech on the pulpit, the double standards reaches out to me. who are the hounds of separation of church and state that hounded john mccain in 2008 trying to get him to denounce pastors who endorsed him because they had made political incorrect statements regarding issues that are covered in the bible, or rick santorum last spring, where the media hounded him trying to get him to denounce pastors. so, it's the double standard. now, going to the context of what he had to say, it's obvious he missed a class, and doesn't really know how to apply a scripture in this particular case, but i defend his right to say what he has to say at his pulpit. but the president should be called upon to say, hey, i don't agree with what he said. >> megyn: that's the question he, too. >> and as cal said-- >> that's the question, too, i want to get to that, cal, you know, the president in his

defense, all presidents have gone to this church, not all, but many, many presidents have gone to this church and there wasn't, as far as i could see any reason to believe that reverend leon was going to go there. so, let's give him the benefit of the doubt and first family was caught a little off guard. and jay carney was asked about it yesterday and didn't comment on it in any way. shouldn't he have said we don't condone it. >> i think it would be legitimate to say the president was caught off guard. i think he was ambushed. i used to go to church with jimmy carter back in the 1970's, in washington. and sunday school. never got political. when they had guest teachers, i was one one sunday by the way, we never got political and i don't recall the preacher of that church getting political. so this is, it's not a relatively new phenomena, but i think the religious left is picking up on what there see as political activism of so-called religious right from the 1980's and think they can

do it now because those folks in the 1980's did it. >> megyn: i want to ask you, dan, bob beckel was another man who was tough on dr. carson after his comments on the national prayer breakfast and he got to speak about the reverend and the easter sunday sermon last night on the "the five" here is bob then and now, watch. >> it's not a place to give political statements. it's inappropriate. do i think it's a good message on easter sunday? no. do i think the reason we're running the story is because obama was in the church. of course that's why we're running the story so all you conservatives can beat up on me. >> megyn: and your thoughts on that? >> well, there's a nugget of truth on that, but this story gets elevated because the president was there. but i want to go to the point tony-- >> as was dr. carson. >> and the point, there's selective outrage practiced by both sides and it's got to stop. there's too much intolerance coming out of the left and right and it's killing our political debates.

we've lost the vocabulary of disagreement and now in religious settings we no longer have the ability to differentiate between the sin and sinner. it's possible to hate the sin, but still love the sinner and i think we've got to pull back from that. >> i'd love to see president obama address this. i think it's a real opportunity for him to rise above this and sort of say, listen, we've got to stop with this demonization, stop with the tribalism so that when our side says it it's okay and when they their says it it's wrong and horrible. intolerance is intolerance no matter where it's practiced. >> megyn: tony, what do you make of that, it seems like some have given a pass to those who would criticize christians, conservative christians and their views on gay marriage, for example, because they just say, look, you are just bigots, that's all there is to it, you're bigots if you're not behind gay rights and that's, you know, the civil rights issue of our time therefore if you're on the wrong side testify you deserve to be condemned. >> well, as was stated, he rolled into this statement he made on sunday very, very

loaded language to portray those who would be against the redefinition of marriage as if they were bigots that wanted to see african-americans in the back of the bus and women back in the kitchen, as cal said. i don't know what time capsule he came out of, but clearly, he's not able to discern the difference between those issues. but again, it goes back to the double standard. i'm fine with him saying whatever he wants to say from his pulpit, but the same standards should apply to him as applies to some southern baptist preacher down in my home state of louisiana or arkansas or somewhere else. it should be the same standard that the the media and the left pursues. >> megyn, i totally agree with tony and love to see him practice that consistent standard and condemning what dr. carson said the other night on sean hannity's show which was hateful and offensive to gays and lesbians in this country and unfortunately, reinforces the perception, which i think-- >> we already had that debate and we don't have dr. carson represented, but we had a fair and balanced debate whether that was a hateful statement

by dr. carson he said he's not for gay marriage and any, you know,out of a man and woman, and mentioned bestiality and nambla. >> and we need to hear from our friends on the right condemning people saying things like that. >> megyn: thank you very much. >> free he speech, let's have the debates and not shut it down. >> megyn: i've got to go, i've got to debate michael jackson goodbye. coming up it's been almost four years since the biggest pop star in the world died. and today we're seeing the start of a lawsuit by his family asking for billions of dollars, the wrongful death case in kelly's court. ♪ girl vo: i'm pretty conservative.

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>> wow, we haven't seen that video in almost four years. still really powerful and today, the start of the legal battle over those rehearseals and whether they contributed to michael jackson's death. trace gallagher live in los angeles with a preview of the wrongful death lawsuit brought by jackson's family. >> trace: jackson's mother and kids claim aeg, the company behind michael jackson's come back tour called "this is it" is liable for his death because they hired dr. conrad murray. we know that conrad murray was convicted of involuntary manslaughter for giving michael jackson a surgical anesthetic to help him sleep he. aeg claims that dr. murray was hired by michael jackson not them. the key piece of evident at a

trial, this e-mail sent by an aeg executive when jackson didn't show up for rehearsal. quoting here, we wand to remind murray that it's aeg, not mj paying his salary we want to remind him what is expected of him. aeg says it will present evidence from michael jackson's molestation trial it's relevant because that's when jackson's drug use increased and present evidence of michael jackson's erattic behavior remember when he came to court in the blue pajamas. and one point where he got up on top of a car and began dancing? that's the kind of stuff they plan to show. the lawsuit is seeking a judgment meant to equal the money jackson would have earned through the remainder of his life, it could be billions of dollars. jackson's mom and kids will also testify. the jury selection is probably going to take about two weeks and the judge said today that she will rule on whether cameras will be allowed in court before opening arguments

begin. >> megyn: wow, the children have gotten so much older. and by the way, trace, were you there, you were there when he danced on top of that car. and his last trial. i remember watching you from the d.c. bureau at the time. bizarre. >> trace: and when he came in the pajamas, all of that. >> megyn: you were a witness as we were we all. and kelly's court. joining me, mark eiglarsh and david, they want tens of billions of dollars, david, i'll start with you on that, the company that hired dr. murray, okay, i get that, but the company is saying, michael jackson had something to do with his own behavior? >> yeah, megyn, trace brought up the point about michael's long history of drug abuse and they're going to bring in the evident from the santa maria trial, the molestation trial and that could backfire, this is more the reason that aeg has to do a thorough

background check on dr. murray, check into out of control debt that's a big issue and knowing that michael jackson has a history of doctors, flighty doctors inappropriate with administering medication. >> megyn: donning you got hired as michael jackson's doctor unless you have a flighty history. that's the point with finding somebody who would give him what he wanted, i don't know if you blame that on this company or michael jackson? >> well, aeg is blaming on it conrad murray and jackson, jackson was a troubled adult and conrad murray, he was a represent p reputable doctor, and many were paraded to say he saved their lives. assuming jackson wasn't the one who hired him and aeg did,

they did a good job in vetting this doctor, he was a well-known respected doctor and they had no idea, executives did, that he was going to be administering pr propyfal, in a house setting. >> megyn: and ruling whether there is enough evidence, and if they can prove that aeg hired dr. murray and loose with the propyfol. >> and the employer is responsible for the employee's actions and the biggest thing may be jury selection going on right now, because, megyn, that will encompass this community in los angeles where there is still tremendous respect and metro detroit mir ration for michael jackson and getting a jury that won't base

the verdict on emotion is going to be a huge uphill battle for the defense. and it may be that michael jackson and aeg were-- >> and want to respond after the break and they're going to call michael's children to testify in the case. is that a good idea.

>> so before we get to the children, mark, i want to ask you. aeg is saying we paid him and cut the check, he had him as a doctor for four years and paying him and does it make him liable because they also cut checks to dr. murray? >> i don't think necessarily they're liable. they're not hiring a camera guy or a makeup artist. they should not be involved

because the hipaa laws and sacred information between a patient and doctor and unreasonable to expect a production company to somehow think that this doctor is going to act in a reckless manner he did. michael jackson was showing up and saw from the videotape he was still performing and-- >> there were issues, there were issues how he was performing in the rehearsal. >> there were issues before this doctor, years ago. >> megyn: the jackson family claims they have a smoking gun e-mail in which aeg wrote to dr. murray and said we want to remind you that it's aeg not michael jackson paying your salary and we want to remind dr. murray what is expected of him. so, if they can show aeg was controlling this doctor to some extent, it will help their case, i guess? >> megyn, and that's the type of control that only an employer can exert and that e-mail is a smoking gun if there ever was one. the kids will testify because the defense wanted to introduce the evidence of the

drug use in the past and kids will take the stand to refute that and crying emotional kids against big evil corporate concert promoter. it's trial practice 101. >> aeg aren't saying that the kids are taking the stand, but jackson family is ready to put them up there especially the two others. >> i would ask the jurors if that will affect. in opening statement. look what they're going to do here, they'd know it's coming and all about pulling at their heart strings. >> megyn: that doesn't make it irrelevant. you've seen michael jackson's two oldest children talking about their dad? who else is in a better position to know how he lived. >> it doesn't prop that they knew there was propofol in that room that killed him. >> that's the-- >> and as david points out they're going to apparently testify he wasn't on drugs and so on until old dr. murray came along. >> sure, good luck with that one. >> at least not serious hospital-type drugs. >> megyn: okay, we'll watch and debating whether cameras

will be allowed. that ought to be interesting. thank you. we will be right back. i don't like to golf.

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