can wear this thing and nothing will go wrong. and it will be-- >> that's it. >> i didn't know we were reporting on fashion so much? we had a fashion block. >> don't you feel more informed because you're on trend? i do. >> and it's like $500. >> $500 not available in the united states yet. >> thanks for joining us. >> "america live" starts right now. >> megyn: fox news alert on a series of frightening new developments out of the north korea, including missiles on the move and dire warnings to foreign diplomates in pong ya yang, that the regime cannot guarantee their safety. a pair of meetings at the white house and state department now and watching for news on this evolving delicate situation. the north korean state tv releasing this new video saying it shows kim jong-un and generals in a quote, urgent operation meeting. we believe this is video from a week ago when he reportedly ordered his forces to go on

stand by to strike the u.s. mainland and our allies. and today, south korean media reported the north has placed two missiles on mobile launchers and then hid them somewhere on the nation's east coast. and those missiles maybe the medium range ballistic missile estimated to have a range of 2500 miles not only puts our troops in south korea in range and military bases in okinawa and guam. and david piper with the latest from seoul, south korea. >> yes, megyn, tensions are high on the korean peninsula, but pyongyang is warning it could get much worse, then foreign embassy should remove the staff from pyongyang by the 10th of april. now, the u.k. and russia confirmed they got that message and are considering their options nowment now,

there is also growing concern in south korea by the ongoing threats by north korea. the financial market with the kospi falling 1 1/2%. and they moved missiles to the east coast capable of reaching u.s. military forces in guam. south korea is dealing with any strikes. and they've sent one to be stationed one off the east coast and one the west coast. and both have defense systems capable of shooting off a missile. and south korea says they won't passively submit to north korean threats and provocations and will give a strong response. the missiles that have been moved to north korea's east coast have a range of about 1800 miles. they could then be able to strike japan and south korea, as well as the u.s. territory of guam, which the north has threatened to hit. and now, the u.s. has been

preparing for the worst with an anti-defense missile system being sent to guam to protect it from any possible attack. and the u.s. has already deployed a number of warships into the area with missile defenses. now, the threats and actions of north korea come at just as there's been u.s. and south korea military exercises over the past few weeks. now, that's really annoyed the north and they've really increased their vitriolic attacks because of that, but when we stand here in south korea, you wouldn't really know there is a crisis underway. people are here tonight in seoul and they seem to be numb to the threat coming from the north. back to you, megyn. >> megyn: david piper, thank you. and in yet another outrageous and disturbing display, north korean state tv aired video of students in military uniforms loading rifles, practicing their shooting. and reportedly being advised by senior military staff about

combat. one student saying they are scared of nothing. and now, watch what a female student had to say about the united states. >> >> and good lord. so she feels great about that and remember, this comes days after we got this video showing north koreans using images of american soldiers for target practice. shooting them over and over again until there's nothing left. this is getting more and more interesting out of north korea, isn't it? . in the meantime, back at home we're awaiting a live news conference at rutgers university where they're getting word of new fallout in the basketball coaching scandal. a source close to the school tells the associated press that the athletic direct tim pernetti is now out of a job

two days after he fired the basketball coach, mike rice, who was caught throwing basketballs and using anti-gay slurs. now, pernetti had been underfire not taking stricter action against rice five months ago when a former employee first gave pernetti the videos. and pernetti decided to discipline the coach and fine and suspend him and that was fine until the video of what coach rice was doing to the players emerged, and then some were asking for more. so, coach rice got fired and now the a-d is reportedly stepping down as well. we're also watching the white house now for new reaction to an ugly jobs report for the month of march. just 88,000 jobs were added last month. less than half of what was expected. the unemployment rate dropped 1/10 of a point, to 7.6%, but that's because so many of the

unemployed have completely given up looking for a job. the per tcentage of the employees in the work force or would like to be employed and yet, and who are, is the lowest since the carter years. but the white house says, don't fret, alan krueger who chairs the economic advisors says the jobs numbers are more proof that the economy is-- that its recovery is continuing and went on to blame the sequester for the poor jobs numbers. cries stirewalt is our digital power play editor, and that's no surprise because they told us when the sequester went through, that whenever you see bad economic news now, you'll know it's directly linked to the the sequester, it would have been a more effective message if they didn't telegraph they were going to blame, and according to plan they now are attributing the dismal jobs performance to the

sequester and yet, these are not all government jobs, this is a random-- there are a lot of reasons for the numbers that we're seeing this month and how bad they are. >> well, let us say that whatever portion of this is due to fear of the sequester, because it hasn't really-- it's not really up and running too much and it's just slipping a little bit now, anxiety over the sequestration, sure, that's probably a factor in this and no wonder the president and his cabinet spent many weeks hollering about in subject and talking about how dire and disastrous and doom saying it would be, and that was of course, before they passed and signed continuing budget resolutions and the senate passed-- and the democratic senate passed a budget that reflected the sequestration and they said never mind. you peel back beyond the sequestration and there's a

lot. the what went in effect on the 1st of january are six times larger in terms of their dollar value than the reductions inside the sequestration and that's a lot of money and we're starting to see how it goes into play and we've seen economists talking about this a lot lately, is that businesses are anxious and especially the implementation and it's so difficult and so changeable, that businesses are anxious, so, that you have higher taxes, you have regulatory uncertainty and higher costs from the president's health law and you have a lot of things that go into making this a crummy economy. >> megyn: you have 40% of the americans not participating in the work force. the participating of 64.3 and it hasn't been that low since jaw's. '78, it's true. >> we're going to need a bigger both.

>> megyn: nearly 40% of the people aren't working, chris. and they want jobs. the stats stay if we looked at the unemployment rate today and put the influx in of like the people-- put the number of people in the work force who want the jobs seems in january of 2009. they want jobs, so what's going on? >> well, here is the thing. we look, when we look at the roles of things like, social security disability payments, when we look at the roles of food stamps and we look at other things, these people who are not working are showing up someplace, now, some of them are retiring and they're leaving the job market. and some are students who say, you know, this is-- i'm young, i'm not going to take a job i don't want, i'm going to go go back to school, but a lot of these are showing up on the programs, and particularly we've seen the explosion when it comes to disability insurance and

certainly that's taking in some of the folks and here is the danger with that. as the people drop out of the work force, the years, the fact that it's more than 30 years ago, that you have it. it's before full female participation in the work force and we're shrinking back down to the levels and the danger here is that if the economy ever gets going again, we're not going to have the workers, we're not going to have the skilled workers or the trained workers because folks drop out and stay out, we're not going to integrate into the economy and a lot fewer people pulling the rope when there's some to pull. >> megyn: do you remember this line? "i don't find that funny, i don't find that funny at all." . >> from "jaws". >> megyn: and they were at the town meeting and the one woman and she-- >> can you say that on tv? >> cable. >> megyn: she's upset about everything, doesn't want them to close the beach, it's money out of her pocket, but there's

a killer shark. all right, moving on. a federal judge today made a far-reaching ruling and how when he mandated, basically, the sale of abortion pills. well, that's what their detractor calls them, it's the day-after, the morning-after pill. to any woman of any age at any time with no prescription and no parental notification. a fallout next. a writing from a leading magazine says that president obama needs sensitivity training after he complimented the good looks of california's attorney general. what does at that say about him and us? and movie critics getting decent removies to a movie out this weekend. the critics say glorifies a domestic terror group na robs, threatens, and murdered to advance his cause? we have been talking about this this week, this weather underground and this film is loosely based on their behavior. look at this. the woman portrayed there, she

now teaches at columbia university the person on whom that's loosely based. we'll speak to a columnist who thinks people may be missing the bigger point. diarrhea, gas, bloating? yes! one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips'.

>> we're tracking the fallout today from a major court ruling that came out a couple of hours ago. a federal judge ordering the f.d.a. to drop age restrictions on emergencontraces like the so-called morning after pills. and the judge is saying within the next 30 days, this needs to be available it over-the-counter to anybody who wants it and that means women and girls of any age can get these at anytime without a prescription, without parental permission or even parental notification. and stacy is the founder of the website the daily affair. and jehmu green, the media center and fox news contributor.

so this so-called morning after pill is controversial because it don't allow a fertilized egg to implant. a fertilized egg if it implants will be a baby and yet, if you take the morning after pill, implantation is not likely to happen. so your thoughts on this judge who tells kathleen sebelius says i don't think this is appropriate judge, he's going to overrule her. >> well, secretary sebelius and president obama, the administration have been talking out of both sides of their mouth on this. so, the judge is absolutely right. in the words of the ceo of the center that brought this lawsuit, science finally prevailed over politics. the doctors have said that this is emergency contraception, you know, this is not the abortion pill as owe opponents want to call it. this is allowing young women, empowering them to go into not just the pharmacy, think about-- think when pharmacies are

closed. sometimes pharmacists put obstacles and barriers in front of these women. a 17-year-old can buy advil. they should be able to go in and buy this. >> megyn: could a 11-year-old do it? >> this is the thing you can't have a 13-year-old going into a drug store to purchase anti-depressants without a parent's permission, you can't have a 13-year-old going in and getting antibiotics. this is a pill that enters your body. i am 100% pro choice and women's-- >> you are. >> having productive rights. absolutely. the real issue here is 13-year-olds should not be having sex. >> megyn: but they are having sex and we can't live in some kind of fantasy world that young people, that teenagers aren't having sex. >> and we are still looking at the issues of not having comprehensive sexual education. they're having sex and we need to deal with this in a rational way. >> megyn: and what about, okay, so if you're acknowledging the reality that

sadly some of them are having sex. >> yeah. >> megyn: some of them get pregnant. this sort of of takes it away from any parental involvement. >> exactly. and that's the problem. >> megyn: and say that the young woman goes to cvs on her own if she wants. >> and that's the problem. if a parent is not knowing that their 13-year-old is having sex, they're going to be even bigger problems happening. so, it's incumbent upon us mothers to know whether our children are sexually active. and the 13-year-old who is sexually active is going to be doing other things and it would be horrible -- i am the product of teenage parents and i can tell you, you know, you don't want children who are 13 having children. so the bill is great, but probably not talking to their parents if they're engaged in sexual activity. it's not just 13 year olds. i'll sit here and admit i lost my virginity the age of 16.

>> megyn: oh, jehmu. >> i was probably late on-- >> just to back you up on that, and just to back you up on this, listen to the list of folks who have been recommending unrestricted access for years. the american medic kaical associati association, american college of obstetricians, you would think i'd have that down. american academy of pediatrics. doctors who look after our kids are saying they should do this and the other thing, stacy, i remember ron paul, the doctor as well, was talking about during the presidential campaign, you know, this is basically the morning-after pill is basically like a birth control pill times two to five. you can make your own if you take a couple doses of birth control. >> and they shouldn't be. >> you need a parents' permission to get a birth control pill. a 13-year-old cannot go to the pharmacy to get the birth control pill. you need the permission of

your parents who take you to the ob-gyn. this is a pill. it's an amazing thing, it's plan b. not plan a. >> megyn: jehmu, what about that? why not make it -- you have to go into the pharmacist and even, you know, if you want to get sudafed now, they've taken that from the shelves. why not say, okay, you may not be talking to your parents at age 13 about having sex, but you get pregnant and you need plan b, that's something you need a prescription for and a doctor can give it to you and you've got to go to your parent for that point and keep the prescription safe. >> the reality is, this pill is put into use before you get pregnant. so, if you're talking about saying to a 15-year-old, you've had sex, there was an accident, it was not your-- you know. >> they take it when they don't know whether you're pregnant. >> they don't know and it needs to be pretty immediate. >> megyn: 24 to 48 hours after. >> and the conversation with your parents-- when you look at the women who

are affected by this, it's the younger women. it is women of color. it is women in lower income situations. there are lots of factors for that 24 to 48 hour period where the kids may not have the opportunity to have the conversation. my bottom line is, the doctors have said it's good. my ob-gyn says it's good. >> the pill is good. >> and you wonder when it's politicians. >> you wonder if this pill's defense and the judge's defense, if it will prevent abortion of a more fully developed fetus down the line if the woman is to take a morning after pill maybe an abortion later on. i don't know where the ethics of drawn. by the way they're not sure whether they will appeal the judge's ruling. a 15-year-old in which is was whether he was bullied for his

political views, not by students, but by his teachers. and critics say a new movie glorifies the weather underground. a closer look at whether hollywood is selling this story. .. [ voice of dennis ] ...safe driving bonus check? every six months without an accident, allstate sends a check. silence. are you in good hands? i'll believe it when i--- [ both ] oooooh... [ female announcer ] as you get older, protein is an important part of staying active and strong. ensure high protein... fifty percent of your daily value of protein. low fat and five grams of sugars. [ major nutrition ] ensure! nutrition in charge!

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>> that's, don't move. >> you're under arrest for the murder of hugh crosby. >> one of the longest standing fugitives on the fbi most wanted list was arrested yesterday, 30 years after the notorious bank robbery that claimed the life after guard. >> megyn: well, that was from the movie "the company you keep" out in a number of u.s. theaters today. it's a robert redford flick about a former member of the radical group, a domestic terrorist group the weather

underground. the movie is loosely based on the real life 1981 robbery of a brinks truck in new york state that killed two police officers and one guard. and some conservative critics are asking why this film and its reviewers seem to be overlooking some of the lives lost to this group. guy benson is a radio talk show host and political editor of town hall.com. >> good afternoon. >> megyn: we had one of the victims of the robbery, we had on his son, the brink's driver, the brink's guard, his son came on and was just disgusted that this has been made and anybody would think it's appropriate fodder for entertainment in the theater. nine children were left without fathers as a result of this-- of this incident and yet, you know, hollywood's taken a shot at it and so far the critics seem to think it's great. your thoughts. >> i'm surprised it's taken this long, megyn, to have a

story about the weather underground glorified in hollywood and i'm suspicious whether or not this movie is going to do anything at the box office. we've seen time after time that some of these self-indulgent left wing flicks bomb when it comes to actual americans showing up to plunk down $9 to see it whereas movies in the last year that portray america as the unequivocal good guys, the movie about the iran hostage situation, "argo", or of course, the bin laden killing, these are movies that do very well. huge smash hits. i think it's interesting in particular it's a robert redford film. it's his first time in front of the camera in a major role since 2007, when he did a movie called "lions from lambs" a critique of the afghanistan war. it did terribly at the box office so i think that americans should vote with their wallets on this one and have the right to make it, but don't watch it. >> megyn: it's no accident that we're-- susan sarandon and robert

redford talk about a domestic terrorist group and what kind of angle when they present it. so far, if you look at the early feedback, variety calls it an unabashedly heart felt, but competent tribute to the 1960's idealism and saying undeniably compelling, perhaps romantic about america's '60's radicals and the compromises they did or did not make. the compromises, they were against the vietnam war and a lot of people were and they protested and they didn't murder anyone here. >> the thing, what kind of compromises are we talking about. talking about how big is the bomb we're going to build to go and place people in danger? i mean, that's completely absurd. i will say this on behalf of this movie that's coming out today, and then nationwide in a couple of days from now, they do get one thing historically right, this gang of thugs do kill an off duty police officer and that's historically accurate. these people have gone to prison and you were covering

kathy boudin at columbia university in a nice academic perk, she was involved in a killing of three people, including two police officers. >> megyn: she pleaded guilty, pleaded guilty to killing three people. >> and lied about her role, larger role within the weather underground and all the bombings. she's not the only one, you've got bill ayers of course and bernadine dorn, now a law professor at my alma mater. a law professor, a woman responsible and planned for all sorts of bombings across the country. she and ayers are unapologetic and megyn, here is another thing. i can't wrap my head around this. let's say hollywood somehow had some weird aneurysm and decided let's put together a film that portrays unreformed unapologetic abortion clinic bombers what would the reception about for that film and pro-lifers. we would reject it. in this country you don't go

around bombing for what you want. you don't bomb for peace, as the weather underground attempted to do and apparently there are just different standards for radical, violent extremists depending on which end of the spectrum they happen to occupy. >> and then come out as a reviewer and then talk about how romantic their idealism is. can you imagine so? in any event, it will be in the theaters for people to consume or not if they so choose. >> not, not. >> megyn: guy, thank you. >> thanks, megyn. >> megyn: coming up, a writer for a leading magazine says president obama needs sensitivity training after he complimented the good looks of california's female attorney general. we'll take a look after the break. this man was sentenced to prison for life and now the star witness for the prosecution in his murder case admits that much of what she testified to on the stand was a lie. but is it too late for this man, convicted of murder? and does it really chae the

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>> the white house is holding press briefing, but so far no information about a controversy, president obama taking heat from the left today, and as private

democratic national committee event in california with a fundraiser in which he suggested or the critics or not suggesting that he sent a quote, disgraceful example when he complimented the looks of california's attorney general. the president saying she's brilliant, dedicated and she's tough and exactly what you'd want in anybody who is administering the law and making sure that everybody's getting a fair shake. and she happens to be by far, the best looking attorney general in the country and now many people are not happy with that comment. joining me now the g.o.p. strategist, blogger and sam bennett, ceo of the women's campaign fund. and let me start with you, not only have you run for office, but your mission for many years has been to try to recruit women into the political ranks and encourage them to run. and so now we have a woman whose he an achieved. the first woman who hold a post of attorney general in

california, first african-american to do so and very well-respected, she's gone after drug gangs and you name it out there and the president doesn't mention it first, but he does in introducing her talk about the looks. appropriate? >> no, and his gaffe was what i like to call an equal opportunity mistake, megyn. very, very common. even someone as good on women's issues as obama has proven himself to be can make a mistake like this and the research we did, megyn, with our foundation she runs shows unequivocally that focus on hair and makeup and hillary clinton has dealt with is just as damaging to women as out and out misogynistic statements coming by. and the bottom line, as long harris goes to camera right away and called it the s-word,

sexist, she regains vote. so frankly, obama's mistakes couldn't be better timed. >> she hasn't commented on it so far, of course the press now, no comment, no comment and the white house hasn't commented, but deedee. did he do anything wrong? >> no, this is a beautiful woman and i don't understand what the big deal is. it's gone over the top. it's wrong for me to say that president obama is hot and he's a good looking guy. >> that's the first compliment i've heard you pay him. >> no, no. >> why is it wrong for him to say that president obama is good looking and it's wrong for president obama to say that she's a beautiful woman. and remember, she said she was brilliant, tough, dedicated. what's wrong with giving her a litany of wonderful remarks? >> go ahead, sam. >> our research sos unequivocally as soon as you start talking about a woman's appearance, anything is quote, unquote, mild as hair and makeup as appearance, research

shows she drops lectorally like a stone. a woman doesn't have to respond. she can have third party validaters, such as the firestorm that erupted speaking out on her behalf. if she happens she regains the lost votes. i'm encouraged, when i started beating this drum and there was a low response rate in the media. for you to be calling and commenting on this, you've been a great champion of this, megyn. >> megyn: i want to ask you this, there was a situation recently in the news, brent musburger complimented the looks of a college football player, and she was incredibly beautiful and she was in the stand. he said wow, look at her, what a beautiful woman. show you the woman instead of brent and i defended him on this program saying what's wrong with telling a beautiful woman she's beautiful, but can

i ask you about this, deedee? do you see a difference between, that woman that he was complimenting is a beauty queen. she has placed her beauty in the public square for comment and affirmation. this she has not done that, and as a law enforcement officer and how it makes her look relevant? >> i don't, i think that president obama is it getting a bad rap. i'm not going to defend him often, but this is not fair. this is a talented, smart, beautiful woman and i have to question that research because i think when someone has a nice appearance, i think that helps them in their career, i don't see why you would think it would be hurtful. that doesn't make any sense. >> megyn: what about it? even in this profession, people will comment on my appearance or other people's

appearance, but this is also a visual medium. i'm not beauty queen, holding himself out as someone whose appearance i want people to comment, but it doesn't-- it's not jarring to me when somebody says, what do you think of people who call you this or that, it's a visual medium and that's part of the job. it's not part of the job as attorney general. >> well, in essence, given that camala harris and anyone woman out there-- here is the bottom line and i understand what your concerns are, what we have to lose is this idea that any comment about a woman's appearance, when she's running for office, or serving as elected is benign at all. it's not. research shows, and i'll send you a copy of it. happy to do it, any copy on her appearance, significantly damages a voter to see whether she's qualified or likely to quote for her at all. >> i've heard voters say good looking across the board and

they're friends, they go way back and she's friends with am i smell obamichelle obama and a as, and the elephant in the room, she is a beautiful woman. kind of unusual to have an attorney general that gorgeous, i mean, that's, you know, so part of it is naming the elephant in the the living room. wow, look at her, but there is he' a question about appropriateness, i'll give you the quick last word, sam. >> and the bottom line is, men don't go around-- people don't describe a man as inordinately happens, right? it comes with women generally, and on monday we'll have the results that give even more depth to this and i'll snd you both the research. >> totally disagree. >> megyn: sam thank you so much. and we're taking your thoughts. appropriate or not. @megyn kelly. a 15-year-old in wisconsin getting national attention

when they investigate whether he was bullied for his political views not by classmates, but by his teachers. that student joins us live after the break. hi, benji, see you in a second. and more security as officials coast to coast investigate the murder of two state prosecutors in texas. the situation down there so serious now, that snipers were called in to guard a memorial service. we're live with more on the manhunt. >> these are truly direct attacks on the core of our civil society, the rule of law and you know, the fact is, we cannot react with fear. we've got to react with resolve. carfirmation. only hertz gives you a carfirmation.

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to prove to you that aleve is the better choice for him, he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap. >> fox news alert. moments ago the white house said, quote, it would not be surprised if north korea conducted a missile launch some time soon, end quote. that coming to us after south korea media earlier reported

that the north has placed two missiles on mobile launchers and then hid them somewhere on its east coast. we're going to go live to the white house in moments for more and kt mcfarland joins us in moments. an unusual case of bullying is getting national attention today. 15-year-old benji backer says he was the target of harassment, name calling and foul language. not from his classmates, but from his teachers. he says they disagree with his conservative political views which he's made known and he says they didn't just pick on him, but also attacked his family. the situation got so bad at one point that benji had to switch schools. benji joins us from green bay, wisconsin. it's unbelievable to read your story and how you chronicle instance after instance in which various teachers, not just one, had a serious issue with your support of governor romney, your support of scott walker, and what they perceived as your non-support

of the teachers in their battle with your governor. what was the worst -- what was the worst incident? >> the worst incident, megyn, was my english teacher. he had a day in class early this year where he decided to tell me that small business workers and owners take off fridays in summers. he also told me that he worked harder than my dad. he told me that he didn't have enough money to stabilize his family working for the teachers so he had to work in the the summer painting houses and this went on for a few months. throughout those months he asked how much my parents made and told me again how harder he worked and showed hi looked up his salary and showed him. 105,000 and including benefits.

>> and said that in front of the class as well and indoctrinating the students. >> megyn: you went to the principal and you said this is not appropriate and i'd like it it to stop and the principal said, right, talk with the teacher. you went back and spoke with the teacher. he heard you out and at the end of it, he said to you, you know how you went down to the principal's office. and you said yes. and give us the cleaned up version of what he then said to you. >> well, he said, well, i do not give an s-h-... total my shocked me atook me aback and the principal and i are friends it doesn't matter. it was shocking to me. >> megyn: and when you go through the list, this isn't the only time as i mentioned, and before the mid term elections you were in the local papers and one of the teachers made it clear she disappeared of your engagement, you were wrong and misguided for being republican and you wound up having to switch schools and the

problems continued. are there other students who are activists, either on the right or the left, in these schools you attend? >> there are. there are multiple students that are active. many i have gotten active and of course, there are people on the left side who are active and it's frustrating to them as well. but what worries me is the other students. the other students have to sit s have the views sses and here about scott walker and mitt romney and see another student getting harassed or bullied and they don't know what to do. and as a student it's scary to stand up to a teacher because they can judge you, they can view you in a completely different way and they're ultimately in charge of your future. in charge of your grades and your test scores. and so, it's hard to stand up and say something, and it's tough for every student around the country, this is a national issue. >> megyn: where did you get the guts to do that? where did you find the courage to take a stand? >> well, i was told by a few people that i should write this article.

i post it had on freedom works. and it's gotten a lot of attention because of how many students are across the country have felt this way and i posted it for that reason. i had the guts to do this because this isn't about me. i will have negative repercussions because of this, but it's about the other students across the country who are dealing with the same problems who need this to stop in the public school system. >> megyn: no you won't have negative repercussions, because if there are negative repercussions for you for speaking out and active politically that's not disruptive consistent if your an and family belief systems, we'll name names and come back on the show and you can't do this to 15-year-olds, which you were when you started without impunity. do you feel like the principal cares and-- >> the principal i go to now cares throughout this process. i'm glad that the school board is investigating and something

that needed to be done and i'm hoping they do what's right, but school board across the country to take notice and start a rule, that says politics should be left out of the classroom and in that case, only in government classes should politics be talked about and that's in a fair and balanced way. >> megyn: benji, thank you for being here. we'll be back. but no way we're going to let them die. ♪ ameriprise advisors can help keep your dreams alive like they helped millions of others. by listening. planning. working one on one. that's what ameriprise financial does. and that's what they can do with you. that's how ameriprise puts more within reach. ♪ your doctor will say get smart about your weight. i tried weight loss plans... but their shakes aren't always made for people with diabetes. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have six grams of sugars.

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>> a manhunt is intensifying this hour for the killer or killers of top law enforcement officials in a texas county. the fbi launching billboards now in five states, encouraging folks to come forward with information about the execution style killings of district attorney mike mclelland killed at his home, along with his wife, days ago as well as his assistant prosecutor mark hasse gunned down outside the courthouse office back in january. and more from texas today,

dan? >> reporter: yeah, megyn, these are digital billboards that are advertising the $200,000 reward for information leading to the arrest of the killer or killers. you know, they have not told us, the police, that is, have not told us how many tips they've received and described it as steady and they want more information from the public and get the sense that frustration is setting in and over two months since mark hasse has been killed and they have no one behind bars. it's not a big county, about 100,000 people and a lot of manpower devote today mad to ma sure there are no victims. there were k-9 units outside and snipers on top of the roof of the church and security remains tight around public officials. we saw a kaufman county judge escorted into the courthouse today by six officers, it's ununnerving for prosecutors,

but they're trying to stay focused on their jobs. >> we take an oath to serve in the community and i tell that you every prosecutor in this offers is stepping up to the plate to uphold that oath and i'm going to be beside there and they have he' agreed to stay beside me. >> and we understand that a second person has now been arrested and incarcerated for making a threat against a public official. bond is set at 1 million dollars and they're taking think threat against any public official very seriously, as you can understand. >> thank you. and well, we have a powerful story ahead of a fox news reporter caught up in a first amendment fight. battling to stay out of jail for the crime of doing her job too well. we will be joined by a special guest here today. not only pulitzer prize winning journalist, judy miller, who spent 85 days in jail herself, but the top first amendment attorney in the the country, lloyd abrams

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>> fox news alert with he breaking news now on the situation developing in north korea. and it's getting more and more serious. welcome to a brand new hour of america live, everyone, i'm megyn kelly. south korea reported that the north placed two missiles on mobile launchers and hid them on the country's east coast. moments ago, the white house warned that the world should be be ready because washington would not be surprised if north korea launches a missile. listen here. >> we've obviously seen the reports that north korea may be making preparations to launch a missile and we're monitoring the situation closely and we would not be surprised to see them take such an action, we've seen them launch in the past and

united nations repeatedly condemned them under numerous resolutions, it would confirm the path of bellicose, rhetoric actions. >> megyn: wendell goler is live with more at the white house. >> reporter: jay carney wouldn't say if u.s. intelligence confirms that the north koreans have actually moved those missiles, but as he said, he would not be surprised if the north tries to conduct another missile test as the north warned two dozen countries with embassies in pyongyang, that it could not guarantee the safety of their personnel after april 10th, a suggestion that war is eminent. but u.s. officials say they see no signs that the north a preparing for war. the latest moves, the latest in a series of threats from the north, declaring that the armistice with south korea is valid. and a system to guam and a visible show of force with war

games at the south and today officials aim to dial back the rhetoric. >> we all know that this is an unpredictable regime and an unpredictable situation. again, our posture remains to be prudent, to take appropriate measures in the defense and deterrents, for ourselves and our allies and continue to urge the drk to change course because it's not going to end their isolation. >> victoria nuland did not say whether the line to ease us to ease the pressure. and the u.s. embassy in seoul put out a statement yesterday and said it doesn't see any imminent threat. and nuland said it's purposely intended to be calming. and secretary kerry is headed to china and other countries this month. >> thank you. in a year and a half since kim

jong-un has been declared supreme leader of north korea he has not wasted any time making a name for himself. in 2012 he caught the u.s. off guard successfully firing off a long range rocket and claims it put a weather satellite into orbit. the u.s. believes it's a cover for testing ballistic technology. and north korea conducted the nuclear test. and later, north korea canceled the 1953 armistice that ended the korean war. weeks later, pyongyang declared a state of war with south korea. and now, we have these two medium range missiles sitting off north korea's east coast capable of reaching u.s. troops stationed in guam and questions where they are exactly at this moment. what makes this crisis so different from years past when north korea would repeatedly threaten other types of attacks? should we be taking this more seriously as washington

appears to be doing? joining me now kt mcfarland. you know, this started with, oh, here they go again. >> oh, yeah. >> megyn: north korea, but it seems to be spinning into something more serious than that. >> and you're right to say this they could this every spring. they run out of the winter stock of food, they manufacture a crisis, they go to the negotiating table whatever they want, oil, food, and crisis abates every year. this is different, why? this young man, the 30-year-old man, the leader has nuclear weapons and he didn't have years ago. it's em boldened him and everybody on the game here is really inexperienced. you have a 29-year-old, 30-year-old lead are. his major crisis manager technique he learned in video games. this is a guy who shouldn't be allowed to play with matches much less have his hands on nuclear welcomes. the south korean leader, the japanese leaders, chinese leaders are new to this game

so a slight miscalculation on anybody's part, this could be a shooting war. >> megyn: what does it mean he's declared war on south korea and shooting up american soldiers in target practice and says he's going to hit american interests? >> well, technically, we're still in a state of war. there's an a arn armistice agreement, but technically, and they threatened in the past we're still at war. the question is what is he going to do next? i think it's very likely within the next week he'll fire a missile, a test missile, a medium range missile. what response do we have to that? we've put destroyers in the region capable of shooting down that missile. if the missile is going out to the deep blue sea. >> megyn: that's what happened in the past. always in the past. what happens if it makes a mistake and breaks up, about to hit, guam, south korea, japan. if we shoot it down we're

really at war. >> what interest would he have in actually starting a war. i get the threat because we run in and give him what he wants. but what interest does he have in actually starting a war? >> well, none. in fact, this is a war nobody wants. the chinese, the north koreans, south koreans, nobody wants a war. we might stumble into one. you've got kids, when a kid gets in a position he can't climb back on the limb he's gotten himself on, that's what you worry about him. his domestic situation, 67-year-old general working with his father and maybe he's trying to show, look, i'm as tough as dad and i'm going to look america in the eye and get them to blink first. and maybe his people, starving and rally around the flag. or maybe his generals led him into this position and he'll fail and they can get rid of him. the problem is we don't know. the one guy who probably knows him the best? dennis rodman. >> megyn: i know, he loves him

and swears we should trust him. here is the question, people talk here in america what should we be doing. sent over a couple of f-22's and b-2's, a show of force don't forget who you're dealing with. >> yeah. >> megyn: but it's really the chinese who have the power over the north koreans, and what, should we be leaning on him? can we lean on the chinese given our economic situation with them? how does it get to a point where it's resolved and doesn't cost us anything and doesn't cost us american blood and treasure. >> you're asking the right question, who has leverage. we look to the chinese, they're your problem. we've got headaches of our own. >> you give them 70, 85% of food and fuel oil and you can turn that off and you need to deal with this. the chinese have been the last several years have been happy to let this go at a low boil and keeps us off balance, the japanese and south koreans, and mao once said to my boss

henry kissinger, without the lips the teeth grow cold. the chinese like the periphery keep everybody at bay and don't have to deal with it. the problem threatens to boil out. if you're japan and south korea, and north korea, the pip squeak, he's got nuclear weapons. maybe we should get some of our own and chinese, what if that regime collapses. you've gottens of millions of north koreans streaming in looking for food and jobs. and they ever they're not getting it done and the russians and even the indians sent an envoy secretly to take a look. >> megyn: kt, appreciate your insights. we're seeing reaction from the markets and white house in the last hour to the nation's worst jobs report since last summer and the u.s. economy adding just 88,000 jobs, new jobs last month. and the fewest in nine months. and the white house spokesman

jay carney blamed the sequester for ugly new numbers. despite a number of economists saying it's too soon to see much from those budget changes we saw thanks to the sequester. peter barnes has more live in washington, peter. >> hiring hit in a wall in march after decent increases in previous months and the economy adding just 88,000 jobs last month as you said and that was less than half of what economists were expecting. and the unemployment rate, unexpectedly dropped to 7.6% from 7.7. in february, but that was mainly because a half a million people left the labor force in march for one reason or another. almost every sector showed slower growth or job losses last month. manufacturing fell by 3,000 jobs, construction added 18,000, but it had jumped 50,000 in february. retailers cut 24,000 jobs, which may reflect that 2% increase in the payroll tax

that took effect january 1st. >> the end of the payroll tax cuts. and the head wind that the economy is currently facing and that said we've seen pretty strong retail sales data and the last few months. >> now, the white house says it was disappointed in the report, but not to look at just one month, one economist did take the longer view. >> the first quarter average around 170,000, not a whole lot different than it was, and i think the biggest take away here is it's more of the same for employment. >> and for economists, that means more of the same from the federal reserve which has been keeping its foot on the gas pedal to try to continue systeming the economy with low interest rates and lots of cash. megyn, back to you. >> megyn: peter barnes, thank you. we've got a powerful story of a fox news reporter caught up in a first amendment fight and how this young woman may be going to jail for simply doing her job. but she had the nerve to do it

well. we'll be joined by the man that many people believe is the single greatest first amendment attorney in the country today. floyd abrams is here, that's going to be cool. and judy miller, he defended, went to jail for 85 days for a similar issue. >> megyn: lots of coverage by mou three former members of a domestic terrorist group are holding jobs at university. and george will, how pr propaganda is weaved in the circular and you should be worried about what teachers are teaching and students are learning at schools across this country. >> i was shocked, shocked and, you know, disgusted. i can't believe that a murderer can obtain a job at a university as a professor. mine was earned in djibouti, africa, 2004. the battle of bataan, 1942.

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i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is! >> we had new reporting this

week how three former members of a domestic terror group are all holding teaching jobs at prestigious universities across the country. kathy boudin, and bill ayers and dorn, they called themselves a radical group, weather underground bombed buildings and left three law enforcement officers dead. the universities thought to hire them. and george will offered a scathing article and moments ago benji talking about being a firsthand witness how he feels there is an indoctrination going on and a strong bias against certain points of view. joining me now is alan colmes,

the host of the alan colmes she show and ben ferguson, the ben ferguson show. and maybe he we shouldn't be surprised to see that columbia university wants somebody like kathy boudin who confessed to killing three law enforcement officers there to teach the students, but i don't know. in the wake of the grand scheme of things, is it just sort of another, you know, the latest develop then? >> well, i think you have a lot of liberals on college campuses that are-- their whole life mission and goal is to teach extremism, the way to change people's mind in one generation. and when i was in school, nothing to do with my alma mater which i loved, the one class i almost failed in college was editorial and opinion writing. i got two f's in a row. now, if there's any class i should be able to pass is editorial and opinion writing exempt the problem was my liberal professor at the time did not like my opinions or my editorial content.

and so, i had to go and basically almost threaten to sue to get my grade changed and graded by someone else, because that's what a lot of kids are faced with now on campuses. you have extremists that if you don't write what they want you to write or you disagree with them, they will punish you with your grades and that's a tragedy, i think, for a part of life where you're supposed to be able to have a great debate of ideas. >> megyn: you heard benji's testimony the at 1:45, alan, what's happened to him for being an outspoken guy who favors republican candidates. it's not the first time we've seen that. remember back in the run-up to the 2008 presidential election, and the little kids who were gathered by their teacher and told to chant about, well, here we have it. >> one, two, three.

>> so, there's a lot-- i have a lot of the clips. at all ages, middle school, high school, college. what do you want to do? there's a lot of of this going on. >> and those are the kids who elected barack obama and did a great job at the polls. it's amazing that ben became a conservative with the liberal professors at columbia and make sure that all liberals are all like kathy boudin. one liberal is like every other liberal. if kathy boudin is teaching, all teachers are like kathy boudin and put them in the same-- >> no, what i'm saying, alan, the fact that she can be accepted in academia and the leadership at universities are not calling out these universities. look at all of the professors that just came out against a basketball coach, but you have a woman like this that does something like attack and kill people and i can't find a professor to criticize her. >> why isn't she in jail? >> she served her time for 22

years. >> so she did her time for the-- she did her time, do you not believe someone can do their time, pay their debt to society and become a productive member of society. do you not believe in christian redemption. pay your time for the crime you committed should you be denied to-- >> she killed three cops and-- >> not defending what she did. >> megyn: do you want your kids learning from kathy boudin for anything. >> if someone pays their debt to see site maybe they have something to teach people. we believe in our criminal justice system once you pay your debt, you have a right to move on. >> megyn: there's no he question she has a right to move on, but whether she has a right to be hired by the university on--

i want to move prodder, columbia want the confessed murderer and bernadine dorn hired by northwestern and bill ayer hired by-- >> bill ayers-- >> there has been a pattern in academia. >> it's accepted. >> megyn: that's what i'm trying to go for and ask. >> it's a practice having extremists be normal in academia and you can find this in a lot of college campuses where there is absolutely no counter-balance. you are not going to find a lot of conservatives teaching these classes, but we'll forgive and forget a terrorist who kills three people and academia will not bat an eye at it. >> bill ayers is retired from teaching. >> megyn: that's not the point. >> wait, this is an old story. bill ayers we went through-- >> that's why i'm trying it move beyond bill ayers, these are examples in the news this week, the example of kathy

boudin. >> they do not represent the views of most people on college campuses. >> megyn: do you deny the broader point, separate and apart from the weather underground people, there is a leftist bent in so much of the curriculum taught to our students and a backlash for those who don't agree with it. >> and i think in the business schools a right wing bent. >> megyn: that's business school. i'm talking secondary school, middle school, high school and colleges. >> if i could have a word-- i feel like i'm battling on all sides here. >> megyn: go ahead. >> and the be tactffactactfufac- the fact of the matter is, students take the classes and courses electively. >> that's not true. alan, i was forced to take classes under professors as part of my degree that were mandated to take, and when i was almost failed for editorial and opinion writing because the professor did not like my opinion, i had no other choice of any other teacher to teach that class to graduate.

>> all right, well. >> there's a lot of students that are being attacked and persecuted and failing classes over this. >> megyn: got to run. thank you both so much. >> thank you. >> megyn: coming up, a fox news reporter under fire in a court for doing her job. [ birds chirping ] i'm your hot water heater. you hardly know i exist. that's too bad. 'cuz if my pressure relief valve gets stuck... [ booooooom! ] ...we hot water heaters can transform into rocket propelled wrecking balls. and if you got the wrong home insurance coverage, it's your bank account that might explode. so get allstate. [ dennis ] good hands. good home. make sure you have the right home protection. talk to an allstate agent.

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>> we have an interesting piece of reporting now. after weeks of stonewalling by the department of homeland security. fox news has finally obtained reports that show a spike in border arrests in the months since washington floated the idea of a so-called path to citizenship for illegal immigrants. william la jeunesse is live from los angeles with more. >> reporter: well, megyn, here is the problem. for years, the administration has claimed the border's never been more secure as arrest

numbers went down. well, now those numbers are going up and still says the border is more secure. critics say you can't have it both ways. in the last six months, according to the administration's own metrics, the southwest border is actually less secure. with apprehensions up 13%. in the last two years, arrests actually increased 27,000 in the first six months. now, that typically means you have more illegal immigrants, aren't just crossing the border and getting caught, but others are escaping the border patrol. here in california the numbers are down. look at texas where arrests are surging, up 53% through the rio grand valley. and yet, yesterday in houston, secretary janet napolitano ignored those increases. >> i can tell you having worked that border for 20 years, it is more secure now than it has ever been. illegal ap helpingses are at

40-year lows. >> reporter: for years, secretary napolitano has tried to lead us to believe the border is more secure, and there is no evidence that that's true. statistics go up, go down and she seems to have it both ways. >> the surge is not coming from mexico, but central america, that's just non-mexicans are entitled to a deportation hearing that takes time. when we run out of beds like now, they're released and word is out south of the border if you want to live in the u.s. get in now before a cut-off date and more security from a new immigration bill. and the they say that secretary napolitano is not being inaccurate she describes it different, more boots, et cetera, critics say really? ultimately it's about how many people are stopped and get in. and that's the debate in congress the next several months. >> megyn: thank you.

we have a developing story on a court case protecting a reporter's sources and your right to the news. up next, why this fox reporter is now facing possible jail time for doing her job, maybe too well. and there's a discussion about whether this administration and those in law enforcement have been a little too quick to crack down on the freedom of the press. coming up, we will be joined by a man that many consider to be the finest first amendment attorney in the country, along with the pulitzer prize winning journalist, judith miller who spent 85 days in jail under not dissimilar circumstances. that's next. and kelly's court, a star witness for the prosecution said she made up critical testimony against this defendant in a murder case. does it change the case? we'll talk about it in kelly's court.

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>> developing right now, a court case challenging the limits of freedom of the press in america. a fox news reporter now faces possible jail time for doing her job and covering one of the most difficult and biggest stories we've seen in recent times. last summer, a gunman killed 12 people and wounded dozens

during a horrific mass shooting at an aurora, colorado movie theater. fox news immediately sent reporters to the scene, including our own jonna winter, she reports for foxnews.com. not long after she hit the ground she broke an exclusive sty revealing prior to the shooting the suspected gunman james holmes sent a package to a university of colorado psychiatrist and that package contained a notebook with drawings of a massacre showing gun wielding stick figures firing on a crowd. her story cited up named law enforcement and drew a response from james holmes' defense team. they say the leak violated their client's right to a fair trial and a gag order. and they're trying to force this fox news reporter to reveal her sources and she's

refusing because she protects you, not anybody else, she writes for you. and she is fighting a judge's order to appear in a colorado court and give up her source where she may be given the choice by this judge of either going against her principles, revealing her confidential source against her promises, or going to jail. and joining me now to discuss it pulitzer price winning investigative reporter judith miller, she spent 85 days in jail after she refused to reveal her sources in an investigation into a leak that outed an undercover cia analyst. and lloyd abrams, not only represented judy, but considering by yours truly to be the greatest first amendment attorney and represented judy. author of the book "on the front line" comes out next

month. and she could literally go to jail if she stands on principle and honors the promise to her source, i'm not giving up my source. he we don't know whether the judge is going to order her to do that. we're going to find out next week. l let me start with you, judy. i covered you when you were in situation, and we wondered what you would do, this revered journalist go and sit in the slammer for an indeterminate amount of time rather than reveal her source. what made you choose to do it and how hard was that for you to know? theory it's easy to say, i'll do t, i'm do it. >> no journalist should have to make that decision, but knowing how indispensable confidential sources are to what we do, i really felt i didn't have a choice and i just kind of mourned the fact that this many years after i went to jail, we're still

arguing about whether or not jonna will have to make this choice because we don't have a federal shield law that presents journalists from having to make the choice. >> megyn: it's a state by state issue. >> it's state by state and the law in colorado is actually not good for journalists, it doesn't provide a lot of first amendment protection. if she were in new york she'd be much better off. and so, it's just kind of sad to me that we haven't made more progress on this issue. >> megyn: i want to tell the viewers, when she broke the story, it was a big deal and nobody had the information and she comes out on foxnews.com with this information and we were all like, wow, what? i mean, this is very much in the news and everybody wanted to know about the shooter, what happened and this is just to give you a flavor, here we are on "america live" moments after the information came out. thanks to jonna, watch. >> and fox news alert now, an exclusive reporting from foxnews.com. the man accused of killing 12 people and wounding dozens more almost a week ago at a colorado movie theater may

have forecast his plans more than a week-- >> that was thanks to her story and now because of that reporting she could go to jail if the judge comes down the wrong way. >> she did exactly what a journalist is supposed to do. she got a story with a very important story on a very important continuing subject and now she's on the lip of perhaps going to jail. >> megyn: what will be the factor when the judge looks at the shield law, not as strong as we would like it to be, not as strong as new york as he tries to make her reveal the source. >> i think it's the judge's decision how to read the first element of the colorado shield law which says in order to require a journalist to provide this sort of information, it's really got to be essential for the case. now, what jana knows isn't essential for at case at all,

at all. >> megyn: what law enforcement talked about this journal that was sent to the psychiatrist? >> what she knows is relevant to another issue, which is, was a court order violated. >> megyn: right. somebody violated a gag order. >> right. but it really doesn't bear at all on guilt or innocence or what happens at the trial and i guess i hope that the judge, when the judge has a chance to look at this, read the briefs, har the lawyers argue, might conclude that this isn't the sort of case where you ought to put a journalist in jail. >> megyn: the guy's attorney offered to have him plead guilty. it's not a situation, did he do it? we have to make sure-- i mean, this is a-- >> i don't think there is any argument this has no prejudiced the trial of the defendant here because of what the journalist did, the-- there can't be a fair trial,

that's nonsense in light of what's public about what the defendant was prepared to plead to. >> megyn: judy, help us understand. i don't know that our viewers necessarily care about what happened to judy miller or what happens to jana, but they need to care because more and more we're seeing these courts crack down on reporters and try to make them violate their ethics, give up their confidential sources and if that happens, she'll be out of-- she has a realistic matter will never get a source to confess to her again, to tell her anything again, if she has to do it and she does it? >> she doesn't. that's why so far she's maintained she can't do it. literally her career would be over if she did. even when i went to jail after i came out some people would say to me, now, the atmosphere is getting so, so tough, i'm not sure i can talk to you. it's getting harder and harder for investigative journalists to work with or without the threat of jail hanging over you.

so, the stand she's taking now on principle is very, very important for journalism and a free press and we're in a situation now where this president has indicted more leakers to the press than any other president in history. and some people like to see that. some people like to see, you know, you leak, you talk, you embarrass the government, you may the price, but there's another price that gets paid in terms of the public getting information. >> absolutely, because when an administration or a government can manipulate information, when it decides what the american public is entitled to know and what they're not entitled to know, then they have very extraordinary control over the message, and over, over the democracy and that's why we have a free press. to counter that. >> megyn: in the constitution. >> exactly. it's the first amendment. and-- >>, but a criminal defendant's rights are in the constitution, too, and there's a battle between where you draw the line. >> what is likely to happen, floyd, if this judge and we

hope at that this judge does not rule against, but if he tries to force her to give up the source, and she says no. what will happen to her, will she go to jail and how long likely will she have to sit there and what will happen in your experience? >> first of all, her lawyer would say, look, please don't send her to jail now, why don't you let us appeal to see if your order is upheld. and some judges will do that and there's no real rush in this situation. because again, no one wants jonna to be a witness in this case. she doesn't know anything. >> megyn: no. >> more than any of us do about the guilt or innocence or what happened and who did what to whom. >> megyn: she knows through the source. >> she knows who her source is, and there ought to not be any great rush to do that so, again-- >> why do we need to get to the bottom immediately and who violated the gag order in the case. >> if the judge doesn't do that and the judge orders her

to answer and she refuses to answer and he won't do anything, but have her taken away in shackles, the way judy was, then the idea of this usually is that she's supposed to stay until she talks. that's one of the problems because the problem is it can go on and on and on until the judge is persuaded that-- >> she's never going to talk and fruitless, that could be a period of months or longer. >> that could be months and longer. >> megyn: judy, in your case, ultimately your source gave you permission to reveal who he was and turned out to be scooter libby and you talked about that and you testified to that. how -- as the months went on and you were sitting in that jail, i mean, did you feel like you needed to ask him to let you do this? i mean, at some point you've got to stay, i'm not spending

the rest of my life in prison, i have family, friends, so on. >> this was a criminal contempt of court case, so there was an expressed about period of time that could have been extended. yes, the pressure grows when you're in jail to make a deal and to change your mind. that's what it's all about. and that's why jonna has to be very sure what she wants to do before she ever enters the situation. >> megyn: and you didn't talk about it, being a he respected journalist, honored award winning journalist and they put the jump suit on you. what was that like for you. >> well, i tried to view it as a reporting opportunity. what is the jail like? what are my fellow inmates like. >> megyn: i bet that gets you through the first week. >> well, i learned a lot about popular culture and rap music. and i saw television i'd never seen before. and it was not a pleasant experience. and it isn't one i wish on jonna or any other reporter, but i can say that there are

worse things, which is losing the confidence of the peoplewe the american people. >> megyn: thank you both so much for being here. we'll follow up on what happens next week. on kelly's court, unbelievable as a star witness reverses herself in a case. but he's not. ♪ he's an architect with two kids and a mortgage. luckily, he found someone who gave him a fresh perspective on hisortfolio. and with some planning and effort, hopefully bob can retire at a more appropriate age. it's not rocket science. it's just common sense. from td ameritrade.

>> i did not-- (inaudible) >> wow, kelly's court is back in session on the docket today and he maintained his innocence all along and now a convicted murderer is saying, "i told you so." a year after the trial in georgia ended sending him to prison for life and you heard what waseem daker said in his defense when he was found guilty of murdering karmen smith and stabbing her son. little nick survived the

attack and his mother did not and now a key witness who testified against daker at the murder trial is saying that she lied, she lied in the trial under oath. loretta spencer blatz told the court that daker stalked her in the early 1990's and she was roommates with the deceased. she testified she regretted not doing more before he killed her house mate. listen to her testimony then. >> if i would have known it led to this i would have clearly, i would have clearly done things differently, but i can't, i can't-- >> and as we mentioned he was convicted, but now she, loretta, is doing a reversal. and the defendant, daker, has already requested a new trial saying she was the star witness and he did not get justice. but will he get a new trial? joining me now jonna spilbor, and mark eiglarsh, the same

pedigree. i don't know about this one. they say that there was plenty of evidence to convict mr. daker separate and apart from the witness testimony given by loretta. >> that's right. and there was. and let me just say this, first of all, recanttation evidence, which is nothing new is generally met with great skepticism because of the opportunity and temptations for fraud which is just very obvious. some of the evidence, aside from the recantation evidence, including that in his possession, he had books called "how to get away with murder" and "kill without joy." in those books there were sections on torture and brutality and some of those techniques he utilized on the example. for example, use small cuts on the back to get them to talk. apparently the injuries to miss smith were consistent. and there were ropes and

handcuffs and the victim's-- not the victim's mental state the recantation gal's mental state called into question. and i don't think they'll touch this one. >> megyn: the woman that reversed herself. that she has become unstable, the prosecutor's office says she's become unstable, having suicidal thoughts and not taking medications recommended by the mental health counselor. does that call in question the recantation. >> it calls into question a lot. this case is so unusual. let's remember this, this defendant was not even able to stand trial for the murders for 15, 16, 17 years after the fact, why? because there was no physical evidence linking him to the crime scene. the way the police got not around that, but that nexxis was because of this particular witness's testimony. she sort of kicked the ball off in his prosecution, on the murder charge. now, for her to say, hey, you know what, that was all a big

fat lie. >> megyn: problematic. >> very problematic. >> megyn: i want to get into exactly what she said that was so critical, right after the break and play you the heart wrenching testimony of the now grown five-year-old on this. that's next. this is $100,000. we asked total strangers to watch it for us. thank you so much. i appreciate it. i'll be right back. they didn't take a dime. how much in fees does your bank take to watch your money? if your bank takes more money than a stranger, you need an ally. ally bank. your money needs an ally.

>> nothing will ever bring back my mother and i will always be branded on my chest, and maybe now i can start anew. and no longer will someone other than me control my life and interrupt my thoughts. he's finally caught and i'm finally free. i love you, mom. >> megyn: oh. that's nick smith, the five-year-old who survived the brutal attack on his mother and him. and jonna, you know, he completely believes they have

the right man. he testified against him at trial and looked at him because he defended himself, this defendant, and said you stabbed me. >> i know, but he was a child when this-- the victim was a little boy when this happened and he also testified that the perpetrator had his face completely covered with a mask. look, we want somebody to pay for this crime and this is horrific. but if your key witness is saying she was full of baloney, they have to give this guy a new trial. >> oh, jonna. >> maybe they'll gain a-- they've got to give him a do-over. >> megyn: when she was at trial, this loretta spencer, she talked about how he stalked her and how he had threatened her with a handgun and how there was a blanket in the house. now, she's -- i don't know, basically her recantation says none of that is true and the blanket in the the house, that has the defendant's dna on it, an important piece of evidence, pantly, she says

that was won in which she had snuggled, i guess, days before the death. how does that-- how is that relevant? >> okay, we start off with the appellate courts generally do not disturb these cases the trier of facts are the jurors and they made a finding. the only thing that was new is this woman saying allegedly she lied and her mental state not taking the medication the counselor is recommending and saying now, she's mentally unstable, suicidal. based upon that, coupled with the overwhelming evidence that they already have, this kid identified him, kids don't lie. they know, they know. and so, with all the overwhelming evidence, i don't see that the appellate courts are going to disturbing that one. >> that blanket by the way, she says now, originally said that he was in the house and now she says that the she and the defendant snuggled in that blanket. >> and next week she'll say something else. >> and you know, nothing-- a thief will rob you, a liar

will hang you. this guy a new trial, she was the lead witness and she lied. >> leave it at that. we'll be right back. ng, georg. [ male announcer ] usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve the military, veterans, and their families is without equal. begin your legacy. get an auto-insurance quote. usaa. we know what it means to serve.

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