lobster costume. >> and that's the take away? >> thanks for joining us, everybody, we'll see you tomorrow. >> "america live" starts right now. >> fox news alert on a major new second amendment controversy as washington attempts to finalize federal go control legislation. we're hearing that at least one state is already working on confiscating some guns. and the first time out did not go well. welcome to "america live," everyone, i'm megyn kelly. this is an unbelievable story. we are tracking a new controversy over a gun grab here in new york state. it's apparently tied to the new law they had in the wake of the newtown, connecticut shooting that requires mental health officials to alert the government if they believe one will hurt himself or others. it's always been if a psychiatrist thinks you're going to hurt yourself or someone. the new york law added once

they report that to somebody, to a mental health official in the county, that person needs to call the gun licensing people and the gun licensing people need to call the local county officials, who then come to get your guns. now, the government uses this information. they made the determination whether you get to keep your gun permit and at least one legal gun owner said this just happened to him. he got a notice from the state with a notice his condition permit was being suspended and ordered to hand over his weapons. he did. one problem the state now says, um, we got the wrong guy. sorry. that man is not happy. trace gallagher live on the west coast news room with more. we're in touch with this man's attorney and moment by moment. bring us up to speed. >> trace: the man's name is david lewis in erie county, new york. and you're right the reason he

gave his weapons to the police, the letter said if he didn't turn them in, they were going to get them. lewis wondered how his private records were accessed. under hipaa, a major goal is to ensure that individual's health information is protected while allowing the flow of health information needed to pro he vied and promote high quality health care and to, get this, protect the public's health and well-being. well, that phrase apparently falls under new york state's new gun law called the safe act. it goes after people, quoting again here, likely to engage in conduct that would result in serious arm, self or others. and the lawyers says, david lewis, never made any threats, no criminal record, no history of violence. but did get medication for a short-term illness, but david lewis' doctor did not report

him to the state. here is the deal. under the new law, nurses, social workers can request that your guns be taken away, but it was unclear exactly who turned him in and now as you said, megyn, nobody turned him in. the new york state police got this wrong with the erie county clerk now saying, quoting here, when the state police called to tell us they made a mistake, and had the wrong person, it became clear the state did not do their job here, and now, we all look foolish. the clerk goes on to say, the mental health laws in new york are flawed, saying, quote, until the mental health provisions are fixed, these mistakes will continue to happen. the problem is, apparently this lawyer has other clients, other people are getting their guns taken away and now, david lewis and his lawyer are suing the state of new york. >> megyn: it's incredible, this guy had a brief period he

was on medication and he assumes, i guess, this is what they're referring to, as a result i've got to turn over all my guns. only because he paid money and hired a lawyer and pressed further, the state find out, you know what? we weren't after you at all. we had no right to go reporting your medical history to anybody, to be getting your guns from you. no right whatsoever, which they now admit. >> trace: if i just could add one more thing, megyn, and also because this law, not only if he didn't get a lawyer his guns would have been taken away, but he couldn't get any more guns for five years, despite the fact he was on the medication for a short amount of time. there's a five-year ban from getting a new gun permit. >> megyn: it's unbelievable. now the clerk in erie county, forced to do it, the executional. forced to collect david's guns under protest from the sounds of it. now the clerk is coming out, as you mentioned, and says our governor needs to take a step back and say, we didn't get

this law right. we've got to change this. i mean, everyone in new york state is subject to this now. it's not just this man. the law is what it is and this is how things are going to be implemented. the not so well from the look of it. tas trace, thank you. in the next hour, a closer look at exactly how the police and someone, was it the state police? the county mental health officials, somebody blundered, we've released his name because he's stepping forward and saying look what happened to me and it could happen to you. his lawyer is with us live in our next hour. unbelievable. meantime, speaking of prying where you're not invited. we're trying to get to the bottom of a growing number of reports, that the irs is screening social media websites and even personal e-mails in an effort to catch people cheating on their taxes

or whom the irs believes is cheating on their taxes. according to the aclu, the irs agents don't need a warrant to do it. and the judge doesn't have to sign off. stu varney on fbn and arthur ahdidala aidala, now we've got the states looking at your records and pulling your guns away, wrongly in some cases and the irs are peering in our e-mails. let me start with you as a lawyer on this, arthur. they're taking a look at the e-mails and saying was he she really out of the country at this point or used as a business expense? they can do that. according to this em, they can do that. and the aclu through the freedom of information act got some of the policies of the irs and the irs, based on a statute from back in 2006, they are interpreting you law,

as it stands today and it's been changed, i'll get to it in a second, yes, if it's over 180 days, you have given up your expectation of privacy and therefore, they don't even-- megyn, you don't need to know about it. if you have a g-mail account. they subpoena g-mail. if you have a verizon account, they subpoena that. and it's an e-mail between me and my best friend. it's the not twitter, it's not-- i'm going to italy. and with that your expectation privacy is lower facebook or twitter. if i'm telling my friend i'm going to rome to see the soccer game and deduct it as a business expense, they're saying they can use it against the individual. the court of appeals in the 6th circuit says no, you can't and basically defying an order the court put into place. >> just to correct me, the law was put in place in 1980.

which goes to show how outdated it is, without the judge's approval they can snoop on you. did we even have e-mail in '86. >> barely. >> you tell me whether it's come to this now, that the irs not only feels it can do this, but in the wake of the 6th circuit decision, it's not the supreme court, that's midwest, a few, four states i think they cover the midwest, nonetheless they say if you're not in the four states, i'm taking a look. >> you have lost your financial privacy and you don't know whether the irs has been snooping upon you. they may have gone on a fishing expedition, checking out your e-mails to look at any hint of tax evasion. you won't know unless the irs takes you to court, sues you for tax evasion and uses your e-mail as evidence against you, that's the only way you'll find out if snooping has actually taken place. the irs claims the power to look right at your private e-mail.

we don't know whether it's actually been used against you. >> they believe, aen by the way, the 6th circuit says people who do not need to worry if you live in kentucky, michigan, ohio and tennessee, and covered by it saying the irs has no business doing this to you. if you live in one of the other states, you're screwed. not to put too fine a point on it, arthur, am i right? >> the fourth amendment, the expectation of privacy. if i send my friend a personal e-mail, should i expect privacy. >> megyn: yes. >> trace:. >> that's the first prong and the second prong, would society back me up. >> megyn: yes. correct, that's what the court ruled and said it's a violation of the fourth amendment and the irs wrote in internal memo, yes, we can do it, but if it's challenged court litigation will go on a long time and what you recover is going to be stale. is it worth it anyway. they're acknowledging. >> megyn: and i understand

that the lawmakers in the house and senate now that it's called to everyone's attention by the aclu, credit where credit is due, they're pushing to change this law and tell the folks at the irs. >> i think i know where this came from. this power of the irs appeared in irs handbook in the year 2009 and reiterated in 2010. that was right about the time when america was going after the private swiss bank accounts held by some 30,000 and it's quite possible that the irs wanted that power and maybe used that power to unearth who has a private swiss bank account, a secret swiss bank account. remember, the outcome of that case, thousands of americans would be forced to cough up billions of dollars in unpaid taxes. this may be where this new irs right came from. >> megyn: you know, i'm getting -- it would be at that point in the presidency i've got to see the doctor every two weeks and maybe they'd

like to go for those as well, in this pregnancy. anything else? >> right it off as a business expense. >> megyn: unbelievable to me. get out! get out of my e-mail, my bedroom, my gun closet if you have he no right to be there. right? thank you, gentlemen. what are your thoughts, follow me on twitter: @megyn kelly. plus, now outrage over suggestions that a new york lawyer which once referred to 9/11 as an armed struggle, should get out of jail early as she helped her client, the blind sheik, helped to spread the message of hate and terror and now she wants to get out of jail because she's got cancer and she wants mercy. michelle malkin on the efforts to spring lynn stewart from

prison. the woman some call hanoi jane taking serious heat for her upcoming portrayal of former first lady nancy reagan. and told some to get a life. and reports on the reported bugging, he says happened, to senator mitch mcconnell's campaign headquarters. well, this is looking more and more like a possible federal crime. the communications director for the dnc seems to be suggesting the whole thing is a big joke. we'll ask him why he thinks that when he joins us live for a debate. >> last month they were attacking my wife's ethnicity and then apparently also unknowns to us at the time they were bugging our headquarters, quite a nixonion move and this is what you get from the political left in america these days. [ male announcer ] it's red lobster's lobsterfest

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>> fox news alert. just about ten minutes ago we received reports of a lead, a major lead into the possible bugging of mitch mcconnell's campaign office in kentucky. jacob conway is on the executive committee of the jefferson county democratic party and he earlier told a local radio station in kentucky, wftl, that members of a liberal activist group, a superpac bragged to him that they had made the tape recordings without senator mcconnell's consent. that man, jacob is joining me by phone. thank you for being here. you're on the executive committee of the jefferson county democratic party and you ran into two men who work for -- who founded a left wing pac that has been opposing senator mcconnell and his

efforts for reelection, what did they tell you about this recording? >> well, they happen to be friends of mine or were friends of mine, i guess, but they mentioned that they were there like i told locally, they were there. i don't know why they were at the grand opening of his campaign office, but they were thereafter the event had ended and were in the hallway and, you know, they overheard the conversation going on, which, you know, i know it done -- to me, it was an extremely tacky conversation, very tasteless thing that the mcconnell campaign did, but it was a private conversation, nonetheless and when i guess they heard all the tasteless offensive and tacky things that mcconnell campaign was discussing, they decided to record it. and they told me about that later that day and that of course, even that day or the next day, i don't remember, it was over a couple of months ago, but they told me about it

and i didn't think anything of it. i didn't really -- you know, i didn't think that it was anything other than, oh, some people who were trying-- not affiliated with the local party trying to do something totally separate and you know, they just mentioned they were doing this and got all excited about it, so-- >> to clear the record up, you're talking about a man shaun riley and curtis morrison, that's what you told. wfpl. >> that's what i told. >> megyn: and they founded this super pac. >> yes, ma'am, shaun was the founder of it, but you know, that that was-- yes, ma'am, that's true. >> megyn: and so they -- what you're telling me they directly admitted to you that they tape recorded senator mcconnell and campaign aides in the campaign headquarters? >> they told me they were there, they told me they were in the hall hewwahallway, they

recording, you can draw your own conclusion. >> megyn: and now that this has broken and mother jones magazine that published the leaked tapes of the meetings and now the fbi is involved and the u.s. attorney is looking into it and it's a potential criminal mart because in kentucky, it's illegal, as in most states, to record someone unless the party consented. >> miss kelly, we don't know that someone else in the room didn't know it was being taped-- >> the end of my sentence was, senator mcconnell's office says. >> i'm sorry to interrupt you. >> megyn: he's claimed it's a bugging. and mother jones says it's not a watergate style bugging. if it happened the way you're saying no one lurking outside. they didn't actually bug the

office as opposed to what you're telling me that curtis-- riley and morrison said what happened here. >> now, from my understanding of the events at hand, in question, were not -- not the story -- were not, it was not a bugging by, you know, by what you and i would consider that, you know, nixonion bugging. that's a little overdramatic. which our senior senator had a flare for the dramatic. >> megyn: he's upset, lots of reasons why he's upset. now the fbi is involved. have they talked to you, jacob? >> no, ma'am. no, ma'am the fbi has not spoken to me. i was called by wftl the local ncr affiliate in louisville. from what the reporter told me it was starting to come out as to who the people were and as a party official, i thought it would -- you know, the

mcconnell campaign is going to try to tie the democratic party local and on the state and local level and-- the only reason i came forward i was trying to protect the democratic party and you know, i believe in our party's values and i was doing what i thought was best for the party because i did not want their bad behavior, their poor mistake-- i shouldn't say bad behavior, their poor mistake, their lack of judgment to hurt our party's efforts here in the state of kentucky and in jefferson county, and louisville. >> megyn: have you had any reaction from riley or morrison since they disclosed to you they tape recorded this meeting? >> no, ma'am, apparently you all called as soon as wtfl broke the story. >> megyn: did they say it's one time they taped the meeting. >> that's all they told me. >> megyn: did they say it just with a tape recorder outside the office. >> they, i can only assume iphones have tape recording--

you can record a lot of things now days with tape recorders or iphones or anything like that, so, you know, i don't know, i don't know. >> megyn: and you're a democratic official and came forward and said what you know and i'm sure the fbi will be grateful for the information as are we. thank you, sir, we'll be right back. rotein is an important pt 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! tdd: 1-800-345-2550 schwab bank was built with tdd: 1-800-345-2550 all the value and convenience investors want. tdd: 1-800-345-2550 like no atm fees, worldwide. tdd: 1-800-345-2550 and no nuisance fees. tdd: 1-800-345-2550 plus deposit checks with mobile deposit, tdd: 1-800-345-2550 and manage your cash and investments tdd: 1-800-345-2550 with schwab's mobile app. tdd: 1-800-3-2550 wder schwab bank has grown to over 70 billion in assets. tdd: 1-800-345-2550 so if you're looking for a bank that's in your corner, tdd: 1-800-345-2550 not just on the corner, tdd: 1-800-345-2550 call, click or visit to start banking with schwab bank today. her long day of pick ups and drop offs

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>> fox news alert. in case you missed it, an extraordinary moment of television about three minutes ago, as the-- a gentleman who is on the executive committee of the jefferson county democratic party by the name of jacob conjoined me by phone to say he believes he knows who tape recorded the top republican in the senate at his headquarters.

a tape we believed was leaked to mother jones magazine and now become the subject of a fbi investigation. senator mcconnell and his colleagues said repeatedly no one was in that room who wasn't part of his inner circle for years and they did not believe it was the job of an inside mole tape recording a campaign meeting, and discussed ashley judd and whether she would run and how to take her down if she did challenge him and they describe this as a watergate style bugging. mother jones magazine says the source gave it to us. it's our understanding it's not the product of a watergate style bugging and we're not going to tell you. and a democratic party official named names, shaun riley and curtis morrison and volunteered for a super pac project kentucky and the same pac that senator mcconnell named on camera two days ago as what appeared to be his

chief suspect in who may have tape recorded him illegally, we should add, if nobody in that room consented to this, and that's how it is appearing right now. mr. jacobs saying-- or jacob saying they heard them outside the offices and decided to tape record it from the look of things. we're trying to get confirmation and trying to reach out to mr. riley and morrison and in contact with senator mcconnell's office and the dnc's director is here to respond to this breaking news. wow. want to get this news this before we go to that panel. there's backlash developing today against an effort to free an unrepentent lawyer convicted of helping a terrorist spread his message of violence, behind the 1993 world trade center bombing which you're seeing video of here, the aftermath. and lynn stewart on the right

side of your screen. she once represented the blind sheik, al rahman, in egypt they want him released, too. he's serving a sentence linked to the world trade center bombing. and his lawyer is imprisoned because there were messages to the outside world and she was sentence today ten years for the crime and her supporters demand she be freed based on grounds of mercy because she's been diagnosed with an advanced stage of breast cancer. michelle malkin is a fox news contributor do you believe this breaking news we just got on the mcconnell tape recordings? >> yeah, w-o-w in armageddon sized font there. it was compelling and i think what we're seeing is an

attempt by these local democratic officials to throw their liberal progressive cronies under the bus and groups like this superpac, progress kentucky, at the federal level you look at how incestuous the links are between partisan democrats and these operatives who have been tied to very sordid activities. i mean, in the past, very recent past, as senator mcconnell mentioned, this group progress kentucky has been named as the same smear mongers who went after his wife, the distinguished former government official elaine chao over her ethnicity. and so, the credibility of all of these actors, i think, really has to be held in question and under scrutiny, particularly the story that your guest was spinning, that somehow this was not watergate style because it was recorded in a hallway. >> megyn: yeah, that

wouldn't-- that will not help with the fbi's possible charges. >> i'll say. >> megyn: if no party to the conversation has constantented you've broken the law. i want to talk about lynne stewart. she helped the underprivileged and defended who nobody else would defend. and the original judge 28 month sentence and the court of appeals says ten years has become a death sentence for this person because she's got stage four breast cancer. and you say what? >> i say cry me a river. this terrorist enabler and messenger gal for the jihadist responsible for death in not just america, but around the world. and she made her bed and needs to lie in it, and sorry to

sound heartless, die in it. and the sentence she received helping the blind sheik smuggle out fawa's, doesn't deserve an iota. >> megyn: and no remorse. and they call it the democratic murder of lynne stewart, she's been given instead of ten years. is there any chance she'll get out on grounds of mercy. >> megyn: i know you don't want it. >> i'm very concerned about that. i think we've receded in our vigilance against these enemies. she is a treacherous enemy of this country. people need to remember and know what she's responsible for doing because the left has been agitating for her release and freedom now, along with, you know, coinciding with a global lobbying to release the

blind sheik that we also have to be vigilent against as well. never forget. >> megyn: michelle, thank you for being here and thank you for your comments on the breaking news. up next. >> you bet. >> megyn: a dnc representative on the breaking news about senator mcconnell. hey. they're coming. yeah. british. later. sorry. ok...four words... scarecrow in the wind... a baboon... monkey? hot stew saturday!? ronny: hey jimmy, how happy are folks who save hundreds of dollars switching to geico? jimmy: happier than paul revere with a cell phone. ronny: why not? anncr: get happy. get geico. fifteen minutes could save you fifteen percent or more.

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>> fox news alert. an extraordinary few moments and "america live." stunning breaking on our air moments ago, a kentucky democratic party leader naming

names in an al alleged bugging or secret recording of senate mitch mcconnell's headquarters. this as mcconnell confirms the fbi has pulled surveillance tapes from the campaign headquarters and the fbi is now saying that it is pursuing some, quote, people of interest and now we have reason to believe we may know who those two people are. we are going to get into it in a second. this investigation was prompted by news that broke on our air on monday after a liberal magazine, mother jones, released excerpts of tapes and then tapes of senator mcconnell and campaign aides discussing campaign strategy against among other, one time potential democratic challenger ashley judd. they were discussing opposition research and how to challenge her if she decide today challenge him for his role. and they asked them to denounce the secret recordings.

democratic communication director of the dnc tweeted out this message in response. >> lol, meaning laugh out loud. the author of that tweet is with me. and marc thiessen, former speech writer for george w. bush. now we have names, jacob conway of the jefferson county democratic party, shaun riley and they admitted they were behind the recording. >> first of all, let me reference the tweet that you said i was the author of and i was. what i was referring to in that case was the notion that the democratic national committee, the dscc or the democratic organizations nationally should apologize for something that we had nothing to do with or had no knowledge of. now, i did hear your interview earlier with the person from

kentucky, that's a person who i don't know. it's a person who i'm sure you don't know. and yot people that he's referring to. but i'll say this and we would never condone anything like a secret taping. marc knows what national parties do in campaigns. if we want to tape your conversation we'll walk up to you with a camera and if you tell us to go away we could go away, never condone-- >> do you know this group, progress kentucky? >> i don't. i know the brand of progress -- of progress organizations, but i don't know anything about progress kentucky. >> megyn: and do you know shaun riley or curtis morrison at all? >> never heard of them. >> megyn: let me ask if you in your official capacity with the dnc, your official reaction to what the democratic committee in

kentucky says who did it. >> our reaction, we'll let the investigation take its course and we would never condone a secret taping of this type. i don't know the person who you interviewed and neither do you and i don't know the people he named and neither do you. i think that we should let the investigation take its course. it would have been nice yesterday if the nrsd and the mcconnell people, and team wouldn't have accused the dnc and dncc of being involved without letting the investigation take its course. and by the same token let it take its course, if this did happen we would never condone it. >> megyn: the only names i've heard senator mcconnell name were -- was progress kentucky. interestingly, this group he named on monday and then he had to dial it back, saying, i don't know that it was progress kentucky, but it's groups like this who have been

targeting me and made fun of my wife's ethnicity and now it turns out, marc, he may have been on to something. >> absolutely. and i think that brad is wrong when he says that senator mcconnell accused him of being, the dnc involved in it, they asked him to condemn it which he laughed at and i'm glad he's changing and he's condemning it. we should all condemn it. and go to events and stick a camera or recorder in case and hear what you have to say. when you're he in a public setting. but when you're having a private headquarters, i'm sure he wouldn't want anyone to record his private conversations and either side. and a few minutes-- >> finish your points. >> i spoke to senator mcconnell's office ap progress kentucky is the group that put out the racist tweets with his wife and said they'd met with the fbi yesterday, that they were in fact looking at surveillance footage of the campaign headquarters, they were pursuing what they called

active leads so it looks like they may be closing in on something in in story which would be good. >> megyn: brad, there were two stories here from the beginning. what senator mcconnell said on the tapes in the opposition research being done and whether those tapes had been illegally obtained and i will represent you as an attorney whose he' looked into this, if there was not consent by senator mcconnell or anyone a party to that recording then a federal crime has been committed and a crime under kentucky law has been committed and under federal law up to a five year sentence. it's a serious felony if in fact it was tape recorded without the consent of any participant in the conversation. that is now something that we have reason to believe occurred because now we've got a democratic party official who has named names saying they confessed to him that they tape recorded the meeting. i want to ask you, because we've seen a lot of the left wing press in particular focus

only on what senator mcconnell said and not whether a u.s. senator may have been the victim of a crime here and i want to ask you whether you cross party lines now to say this story is now about the targeting of a u.s. senator who may have been illegally taped without his consent? >> well i think this story is about an ongoing investigation that could be that. you know, ike like i said, i wouldn't vouch and i don't think you would vouch for, you know, for this democratic party official, if he is one, in kentucky or for what these other people may have said, may have said to him. i mean, sometimes people take credit for things they didn't do, as you know. he so, i think we would wait, but if this did occur, it is a serious event, a serious charge and nothing that we would ever condone. >> megyn: that's the thing, mark. you know, we've discussed what he said about ashley judd and political debates whether it's

appropriate. i don't care your party affiliation, republican, democrat, what have you. we can't have this happen. our elected representatives and all of us for that matter need to feel secure that our private conversations are private and that the only risk we assume in having this is that most who are on the other end might go out and talk about them. >> no, exactly right. and look, it is about what happened to senator mcconnell and not what was said. the fact is there was nothing said in the conversations in senator mcconnell's office about the possible judd campaign that wasn't said in brad's headquarters and the headquarters in kentucky. there was a story just the other day, democrats fear judd may drag down the ticket and people saying her candidacy would be a catastrophe, a disaster for the republican part-- party and across the tickets. can you surreptitiously record

a u.s. senator having a private campaign meeting and get away with it? that's a crime. >> megyn: even if you don't like senator mcconnell or the republicans, you don't want it being done to your party or to the president. guys, thank you both, stay with us, much, much more. ♪

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>> let you know that we're reaching out and waiting for reaction from senator mcconnell's office. we'll show you as soon as we do to breaking news. now there is this, a three-star general is under attack in the cross hairs of the secretary of defense. lieutenant franklin to dismiss a jury verdict against this man here, this air force commander was convicted by jury of sexual assault. the defendant, lieutenant generally wilkerson, i'm sorry, this is the man. wilkerson convicted in november after a female house guest accused him of sexually assaulting her. well, now, this three-star

general reversed the jury's verdict and critics are calling this a case of the old-boy's network at work. and the ceo of concerned veterans for america and jay sekulow for the american center of law and justice. it doesn't happen this civilian court to have a jury reach a verdict and then have some commander step in and say, forget that jury verdict, i wasn't at trial, but i don't like this case, it smells wrong to me. i don't think this guy did it and that's what happened in this case. let me start with you, pete, the military guy. the military doesn't work the same as civilian courts and the reason for that. >> the pesky commander in charges of reviewing the cases under the the code of military justice. i would urge anyone to read the six-page report that he released. he thought long and hard about it, reviewed every document and came to the judgment that the conviction from the jury did not -- there was

reasonable doubt which means there was a line on this and as a commander, the system is different. there are commanders that make judgment and his prerogative to make a call and he thought the jury made the incorrect decision. within the military system it's the prerogative commanders to do just that and for every one they might get wrong, if he did get a wrong. there are hundreds of thousands they get right and overturning things and maintain good order of discipline in their unit. >> there's no he question that general franklin had the authority to do this, let's put that aside. he had the norauthority to do i. he's underfire because people believe he should not have, why? >> they say that the review, he wasn't there as you mentioned, megyn. the lieutenant general was not there at the proceedings and did not hear the evidence submitted and basically overturned the panel.

and in this particular case, the concern was that was being expressed, both republicans and democrats, a lot of of concern on this, that you have a military code of justice that provided a panel review, for a court martial and that's what was going on in place here. and that decision was made and then the commander overturned it. now, there's no question he had the authority to overturn that. >> megyn: for now. >> right, there's an attempt to get that changed, but there's a long tradition of having that authority there and there are reasons for that. the commander has to make decisions that decisions that are sometimes not popular, i can't get into the merits of the case, none of us were there and we don't know what evidence, supposedly the lieutenant general reviewed evidence that was not evident in trial and no one knows exactly what the evidence consisted of, but the fact of the matter is, i think you've got to be careful of undoing an entire system because of one case that was--

>> that's about to happen because our defense secretary is seeking to change the rules for these military criminal justice proceedings, we'll talk about that and we do know some of the evidence. i want to touch on that right after the break. don't go away. boom. heart att. i'm a nurse and a care giver. never once did i consider that i might be having a heart attack. it can happen to anyone at any time. the doctor recommends bayer aspirin to keep this from happening to me again. [ male announcer ] aspirin is not appropriate for everyone, so be sure to talk to your doctor before you begin an aspirin regimen. it's working. six years and counng. know the symptoms. talk to your doctor. redesigned site has this new score planner tool with these cool sliders. this one lets us know what happens if we get new credit cards. oh. this one here lets us know what happens if they raise our credit card limit. yeah. what's this one do? i dunno. may i respond negatively about your porcelain poodle?

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>> so pete is back along with jay sekulow. pete, the secretary of defense now wants to change this so that a general can't reverse a jury verdict. in this case, the general has come out saying, look, this wasn't an old boy's network saying i reviewed tons of documentation on the case and while i couldn't be there if the trial took place in italy, i was satisfied there was a reasonable doubt that this woman-- it was a she said-she said because the commander's wife

said that this woman was a house guest of theirs and that the wife threw her out in the middle of the night and this defendant is-- was saying he never laid a hand on her and it's completely fabricated. >> i think the reason it's an issue, it's a perception issues. the military and force have had issues with assault. and there's a perception from the outside that there's a good old boy's network and somehow a three-star general in cahoots, i don't know of any general that would. and he went over hours and hours and agonized in it. he feels it's an issue of integrity for himself. if he didn't step out it's an interesting case a general sticks his neck out and thinks he's doing the right thing and

the perceptionses on the outside are different. kind of like the women in combat, easy to demagogue from the outside be and very complex when you look at the actual issue itself. >> megyn: here in the civilian court system you can have a judge throw out a jury verdict notwithstanding what the jury concluded, but usually a judge who watched the whole trial. very unusual in the military setting to have the judge do it without having watched the trial and heard the witnesses. that may change. gentlemen, appreciate it. >> thanks. >> megyn: moments more, one of our top stories on a busy day of "america live." a man is forced it turn over his firearms due to supposed mental illness only to be told the police had the wrong man, which is what he expected. and a flaw in this. [ male announcer ] along with support, chantix (varenicline) is proven to help people quit smoking. it reduces the urge to smoke. it put me at ease that you could smoke on the first week. [ male announcer ] some people had changes in behavior, thinking or mood, hostility, agitation,

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>> knocks >> fox news alert. news breaking in the apparently secret recordings of discussions of mitch mcconnell headquarters in kentucky and the fbi is involved and we have breaking news on the situation. a member of the democratic party of jefferson county, kentucky where mr. mcconnell's headquarters are located in louisville, just spoke to us live on the air, telling us that members of a liberal activist group, a pact, bragged to him that they had recorded senator mcconnell and others on the topics in question. here is some of that telephone

interview we just conducted. >> megyn: what did they tell you about this recording? >> well, they happen to be friends of mine, or were friends of mine, i guess. but they mentioned that they were there, just like i told wftl locally, they were there, i don't know why they were at the grand opening of his campaign office, but they were thereafter the event had ended and were in the hallway and, you know, they overheard the conversation going on, which, you know, i mean i know it doesn't -- to me, it was an extremely tacky conversation, a tasteless thing, the mcconnell campaign did, but it was a private conversation nonetheless, and when i guess they heard all the tasteless and offensive and tacky things that mcconnell campaign was discussing, they decided to record it. and they told he me about that later that day and-- or either later that day or the next day, i don't remember, it was over a couple

of months ago, but they told me about it and i didn't think anything of it. i didn't really -- i didn't think that it was anything other than, oh, some people who were trying to -- who are not affiliated with the local party or the state party, you know, trying to do something totally separate and you know, they just mentioned that they were doing this and got all excited about it, so-- >> just to clear the record up you're taking a man named shaun riley and curtis morrison, what you called wp-- >> that's what and the super pact-- yes, ma'am, shaun was the founder of it, but you know, that that was-- that's true. >> megyn: so what you're telling me is they directly admitted to you that they tape recorded senator mcconnell and his campaign aides in those campaign headquarters? >> they told me they were there. they told me they were in the hallway. they have a recording. so, you know, you can draw

your own conclusions. >> megyn: joining me now by phone with reaction is jessie benton, senator mcconnell's campaign manager. thank you for joining us with this breaking news and i want to point out to the audience, the man with whom we had a television conversation, jacob conway, the recognition of him was made in response by a telephone call he made by the local radio station, wftl. he's not running around calling people and he wants people to know it wasn't the democratic party, it was these two guys and your reaction. >> what disturbs me, thank you for having me on. this becoming the tactics of the left against senator mcconnell, the left nationally, very, very crucial they'll do whatever it takes to beat senator mcconnell and the left a month ago were sending out racest messages about elaine chao, that's his wife.

now, they're bugging or recording campaign headquarters. they've made it very clear they'll stoop to lows and i think that's terrible. >> megyn: can you set up the campaign headquarter layout for us? according to jacob conway she is guys were there at the grand opening of senator mcconnell's campaign office in kentucky. what happened that night? how could that have been? >> we had an invite only meet and greet for supporters and republican party officials that morning. we were on the second floor of a private secure office building. after the meet and greet, again, invite only, was over. we cleared the building pan had a lunch and then had a long strategy session with senior members of the team. >> megyn: so those who were invited, were they invited up to the second floor? >> only people our invite list were allowed to come in the second floor and again, this is a secure building.

we have a separate office suite on the second floor, too, that's again, secure and private. >> megyn: so hearing that recitation of the events as theyown that day, that these two guys were, quote, just in the hallway, and overheard the conversation and at that point jacob said they decided to record it, could that have happened? could they have just found themselves outside of your meeting? >> well, they certainly were not authorized to be there if they were this. again, it's a private, secure office building and they were in a private, secure hallway. and you know, megyn, this is an ongoing criminal investigation. i think the fbi's doing a wonderful job. they've been to our office now twice. i believe they've obtained sm video surveillance equipment and they assure me they're taking this very seriously and working to make sure whoever did this was brought to justice. the reports are disturbing,

and what's more disturbing are the tactics that they're going to. >> megyn: and you're in politics, you know it's dirty sometimes, is this unusually dirty? have you ever seen anything like this jessie. >> i've never seen anything like this in my 15 years doing this professionally. you have to go back to the 1970's. there's a line you have to draw here. you know, certainly we compete hard and you know, we'll work very, very hard to win, but there is he' just a line you have to draw. if not even ethically where you draw line, where senator mcconnell draws the line. the law clearly draws a line. >> and no one in the room consented that a crime was committed. i want to ask you about that, is there any chance while i have you, anybody in the room, i'm told there were ten participants, may have recorded that meeting?

have they volunteered to take lie detector tests or-- >> we'd do anything that the fbi wants, to be prf100% not th case, but these are people who have been about mitch a long time and everybody loves mitch mcconnell and everybody loves him, a great guy. >> megyn: well, clearly not everybody loves him. is there any chance that one of these ten people has had a change of heart. used to love him, not so much anymore. >> absolutely zero, megyn. >> megyn: do you know these two guys, riley, shaun riley and curtis morrison? >> i know them because i see they send some pretty questionable messages on social media, but i do not know them personally. >> megyn: has the fbi asked you about these two gentleman or progress kentucky? >> they have not, in the fbi you know, they're pros and wonderful. they keep their cards chose to their vest and all they'll tell me they're working on

leads and they think that they will have some substantial progress to be making some announcements very soon. >> megyn: we want to tell our viewers we've tried to reach out to progress kentucky and the gentlemen. we only have an e-mail from them. they're not responding. right now it's an accusation level by a man on the executive committee of the democratic party in jefferson county who claims that they told him directly that they did this. but we have not heard reaction from them. we have not gotten direct reaction from senator mcconnell yet. although his campaign manager with us now. do you expect, jessie, senator mcconditional and others in t-- mcconnell and others in the room would be willing to press charges. >> yeah, this is in the hands of the fbi and they're going to prosecute this to the fullest extent of the law and we will cooperate fully in that. >> megyn: i can't let you go, i have to ask about the substance of the tapes. the mcconnell campaign doesn't think it's the issue, but the biggest issue that has arisen out of the tapes is the

negative things, or the negative things said about ashley judd and her mental health and you were on there discussing the plan to go after her as having attempted suicide in the past and time institutionalized for various mental health problems and some have said it's misogynis misogynistic and crossing the line and senator mcconnell's willingness and his team to go there. >> and so many liberal pundits agree there's nothing out of bounds. what we were discussing was not a strategy, we were discussing what's out there on the public record and megyn, these reports and accounts were things he she wrote about in her own autobiography, things she brought into the public records. we didn't find it on some dumpster dive or skeletons out of the closet. she wrote about a book, that talks about these things.

and there's a big difference, too, megyn, between what you discuss in private or publicly. publicly we were respectful to ashley judd. we would have run a comprehensive campaign, but to try to throw negative, negative smears at us because we were simply having a meeting about publicly available information, just doesn't hold any water. >> megyn: before i let you go. the fbi has been pulling surveillance footage. is there a video camera outside of this second floor conference room where you had this meeting in question? >> not the security floor conference room, but the secure lobby on the first floor. to get up, you have to do so you have to get on the elevator and pass the security cameras. >> megyn: there you go. if it's these two guys, the fbi will figure it out. >> thank you, megyn, it's a pleasure. >> megyn: all the best. fox news alert. an event more than 60 years in the make something about to

unfold at the white house. and this afternoon president obama will award nation's highest military honor to an army chaplain who made the ultimate sacrifice. this was incredible. the year was 1950 when the chaplain, who you see there on the right of your screen, displayed extraordinary heroism during a battle with communist troops. even though they were under heavy fire he decided to stay behind, ministering and providing for fellow soldiers, knowing he would likely be captured. wait until you hear what happened next. trace from the news room. >> trace: he was a roman catholic priest, served in world war ii and got back into the army to go to the korean war. and he went fox hole to fox hole while the china communists were underfire and went and not only gave comfort to his soldiers, but also pulled the wounded out and went back again and again and again.

he and the soldiers were taken pris prisoner, he negotiated for wounded soldiers to be given medical treatment and prevented fellow soldiers from being executed and once he was in the p.o.w. camp, he tended to the sick, the wounded, he scoured for food and built fires and a mechanism to help clean their clothing and provide purified water even though he was punished for doing that. father emil died of his own wounds and maltreatment in a prison camp. not only is he honored by the president, megyn, but the vatican is considering sainthood for the father. >> megyn: wow, trace, thank you. we will have that medal of honor ceremony for you in moments. plus the woman once referred to as hanoi jane is telling a group of vietnam vets to get a life as they protest her role in an upcoming film.

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>> a reminder we're awaiting the medal of a posthumous medal the chaplain emel went from fox hole to fox hole treating wounded troops all over the battlefield even though he had several chances to remove himself from the danger and he refused several opportunities to be rescued so he could stay behind to help. his decision would ultimately cost him his freedom and his life. when the ceremony begins we will take you there live and you will hear more about this man's unbelievable story. fox news alert. ironically back to the korean peninsula, this happened during the korean war and a new threat of conflict today

as you see signs of a north korean missile launch. they've reportedly moved one missile upright into firing position and warns again today, quote, war can break out at any moment. they're speculating that the north is getting ready to test a medium range missile and the security alert is one below the all-out war. and the area between north and south korea, a rare and upclose look at the tensions there. greg joins us live from seoul, greg? >> hey, megyn, more on that high opening trip in a moment, but yes, north korea appeared to be moving around and those mid range missiles they claim they're putting coordinates of targets into the warheads, what they call powerful striking, and south korea says it can happen at any time. a key joint, north-south

venture, and it was shut by the north and south korea today calling for dialog and also today trying to assure foreign businesses here that they have the situation under control. and yes, we went up to the border area between north and south korea not far from the heavily fortified dmz or demilitarized zone and not far from where we are in seoul. here is a look at what we saw and heard. . >> this is about as close as they get to north korea. and this is the freedom bridge in south korea, where prisoners returned at the end of the korean war. some of the people involved in the current crisis think about the new war talk? >> i'm not scared if the people around had he aren't scared and north korea, even though some of them recently we have been more vicious and they've always made threats. are you up to the task? >> we are, definitely, and just think talking--

>> you don't think you're going to war tomorrow? >> it's a little on edge lately, but, no, i don't think so. >> megyn, up to the task indeed, those guys are off duty u.s. military service members, just some of the 28,000 brave men and women in uniform right now here in south korea. sometimes when you listen to that rhetoric, it seems we're on the front line, hopefully for their sake, it won't be. back to you. >> greg palkot, thank you. we will watch events in north korea and plus have that medal of honor ceremonies in moments. also, the woman referred to as hanoi jane told to get a life after they protest her role in an upcoming film. why they're so focused on fonda. a new clutch of controversy. wait until you see the story of a college professor who has no problem attacking

republicans as angry white and clinically depressed and it's all caught on tape. and the students who taped all of this is here live. stay tuned. >> at a dry cleaner,

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. >> trace: >> just under way the ceremony at the white house, for the army chaplain emil

kapaun, the story you have to hear. >> whose tribute to their friend, their chaplain, their fellow prisoner, who touched their souls and saved their lives. father emil kapaun. this is an amazing story. father kapaun has been called the shepherd in combat and fellows called him a saint, blessing from god. today we bestow another title on him, recipient of our nation's highest military decoration, the medal of honor. for more than six decades of working to make this medal a reality, one of his comrades spoke for a lot of folks here when he said about time.

father, as they called him, was just 35 years old when he died in that hellish prison camp. his parents, his only sibling, brother, are no longer with us, but we are extremely proud to welcome members of the kapaun family, nephews, niece, their children, two of whom currently serve in this country's national guard. we are very proud of them. we're also joined by members of the kansas congressional delegatio delegation, leaders from across our armed forces and representatives from the catholic church which recognizes father kapaun as a servant of god and we're truly humbled to be joined by men who serve alongside him, veterans and former p.o.w.'s from the korean war. thank you. [applause] now, obviously, i

never met father kapaun, but i have a sense of the man he was. because in his story, i see reflections of my own grandparents and their values, the people who helped to raise me. emil and my grandfather were both born in kansas about the same time, both were raised in small towns outside of wichita. they were part of that greatest generation, surviving the depression, joining the army, serving in world war ii and they embodied those heartland values, the modest any and the hard work, decency and humility, and quiet and

determined to do their part. for father kapaun this meant beening an army chaplain serving army, god and country. after the communist invasion of south korea, he was among the first american troops that hit the beaches and pushed their way north through mountains and bitter cold in his understated midwestern way he wrote home saying, this outdoor life is quite a thing. and i prefer to live in a house once in a while, but he had hope, saying it looks like the war will end soon. that's when chinese forces entered the war with a massive surprise attack, perhaps 20,000 soldiers pouring down on a few thousand americans. in the chaos, dodging bullets and explosions, father kapaun raced between fox holes, out past the front lines and into

no man's land, dragging the wounded to safety. when his commanders ordered an evacuation, he chose to stay, gathering the injured. tending to their wounds. when the enemy broke through, combat was hand-to-hand, he carried on, comforting the injured and the dying, offering some measure of peace as they left this earth. when enemy forces bore down, it seemed like the answer to these wounded americans, more than a dozen of them would be gunned down. but father kapaun spotted a wounded chinese officer. he pleaded with this chinese officer and convinced him to call out to his fellow chinese. the shooting stopped and they negotiated a safe surrender, saving those american lives. then as father kapaun was being led away, he saw another

american, wounded, unable to walk, laying in a ditch, defenseless, an enemy soldier was standing over him, rifle aimed the at his head ready to shoot and father kapaun marched over and pushed the enemy soldier aside and then as the soldier watched, stunned, father kapaun carried that wounded american away. this is the valor we honor today, an american soldier who didn't fire a gun, but who wielded the mightiest weapon of all, the love for his brothers, so pure that he was willing to die so that they might live. and yet, the incredible story of father kapaun does not end there. he carried that injured american four miles as their captors forced them on death march. when father kapaun grew tired

he'd help the wounded soldier hop on one leg. when other prisoners stumbled, he picked them up. when they wanted to quit knowing that stragglers would be shot, he begged them to keep walking. in the camps that winter deep in the valley, men could freeze to death in their sleep. father kapaun offered them his own clothes. they starved on tiny rations of millet, corner and bird seed. he somehow snuck pass past the guards and foraged in the fields. in desperation some men needed food, he convinced them to share. their bodies were ravaged by disentry, he grabbed rocks and metal into pots and boiled clean water. they lived in filth, he washed their clothes. he cleansed their wounds.

the guards ridiculed his devotion to his savior and the almighty and took his clothes and made him standing in the freezing cold for hours yet he never lost his faith. if anything, it only grew stopping stronger. at night he lead prayers, saying the rosary administering the sacraments, offering three simple words, god bless you. one of them later said with his very presence he could just for a moment turn a mud hut into a cathedral. that spring, he went further. he held an easter service. i just met with the kapaun family and they showed me something extraordinary. the actual stole, purple vestment that father kapaun wore when he celebrated mass inside that prison camp. as the sun rose that easter

sunday, he put on that purple stole a stoll and he read from a prayer mistle they kept midden. as the guards watched, father kapaun and all the prisoners, men of different faith, perhaps some men of no faith, sang the lord's prayer and america the beautiful. they sang so loud that other prisoners across the camp not only heard them, they joined in, too, filling that valley with song and with prayer. and that faith that they might be delivered from evil and make it home was perhaps the greatest gift to those men. even amidst such hardship and despair there could be hope. amid their misery, in the

temple they could see those truths that are eternal, that even in such hell there could be a touch of the divine. looking back, one of them said that is what kept a lot of us alive. yet, for father kapaun the horrific conditions took their toll. thin, frail, he began to limp with a blood clot in his leg and then came dysentery and then pneumonia, when the guard saw their chance to finally rid themselves of this priest of hope he inspired. they came for him and over the protests and fears of the men who loved him the guards sent him to a hell house to leave him with no food and water to die. that's when his faith held firm, i'm going to where i always wanted to go, when i get up there i'll say a prayer for all of you.

then as he was taken away he did something remarkable. he blessed the guards. forgive them, he says, for they know not what they do. two days later in that house of death father kapaun breathed his last breath. his body was taken away, his grave unmarked, his remains unrecovered to this day. the war and the awful captivity would drag on for another two years, but these men held on, steeled by the memory and moral example of the man they called father. now, on their first day of freedom in his honor, they carried that beautiful wooden crucifix with them. some of these men are here today, including herb miller, a soldier that father kapaun saved in that ditch and

carried all those miles. many of now in their 80's, but make no mistake, they're among the strongest men that america's ever produced. i would ask all of our courageous p.o.w.'s from the korean war to stand if they're able and accept the gratitude of a grateful nation. [applaus

[applause] >> i'm told that in their darkest hours in the camp in that valley, these men started a song. to prepare for the presentation of medal of honor, to father kapaun's nephew ray, i want to leave you with the words of this song which sustained these men all those years ago. even though i walk in the valley of the shadow of death, i will fear no evil for you are with me. your rod and your staff, they comfort me. you prepare a table for me in the presence of my enemies. you anoint my head with oil, my cup overflows. surely, you are goodness and love will follow me all the days of my life. and i will dwell in the house of the lord forever.

ray, would you please join he me on stage for the reading of citation? citation? >> the president of the united states of america authorized by act of congress march 3rd, 1863, has awarded in the name of congress the medal of honor to chaplain emil j kapaun united states army for gallantry, risk of his life above and beyond the call of his duty. chaplain emil j kapaun, above and beyond the call of duty while the 1st cavalry division during combat division against an armed enemy. on november 1st as chinese forces viciously attacked

friendly element, chat lynn kapaun calmly walked through enemy fire in order to provide aid to the wounded in no-man's land. though they repelled the assault they found themselves surrounded by enemy. the able-bodied men were ordered to evacuate. however, chaplain kapaun ehe elected to stay behind with the wounded. in the early morning hours of november 2nd, he made round and hand-to-hand combat ensued. at chinese communist forces approached the american position, chaplain kapaun noticed a wounded officer and after his capture chaplain kapaun with complete disregard for his personal safety bravely pushed aside someone that was going to execute

herbert miller. not only did his gallantry save sergeant miller, but unparalleled leadership inspired those present including those who fought the enemy. and his selflessness, above and beyond the call of duty are in keeping with the highest of military service and reflect great honor on himself. the cavalry division and the united states army. (applaus

(applause) >> let us pray together. >> megyn: a beautiful ceremony and sometimes the way one dies says a lot about the way one lived. that certainly seemed to be the case in the case of ch chaplain kapaun. dying in a prisoner of war camp that he several times had the chance to leave, but stayed back to help his comrades. coming up here in just a moment, the story from a different war rears its head again today.

the woman referred to as hanoi jane reportedly told a group of vets to get a life over protests against a film. and we'll tell yu. the skre a professor after this break.

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>> growing outrage today after a political science professor at the university of california was caught launching into anti-republican tirades during his classes calling republicans a choice of names, stupid, racist, you name it and one student, fed up with the rants in the class decided to tape record it. and tyler thank you for being here, before i get to you, i want to play some of the sound bites, including the first one in which he calls republicans

stupid and racist. >> loser. okay. so you showed up trying to learn about political science and thought you had he' be interested in the federalist papers, instead you heard this, day after day, you say, and what-- i mean, what was life like for you inside that classroom? >> well, it was very offensive. it took me a long time to get to the university of southern california and always been my dream school and i just wanted to go there and study what i was passionate about. one of the first classes i

took there-- last semester was my first class and he was making fun of republicans and religious views and making fun of everything that a lot of the other students were offended by and i just thought it was ridiculous that our tuition money was being used for this and that these professors are instead of empowering students with knowledge so they can choose for themselves, they just use their-- it's not happening that way. so, that's why i took-- that's why i took the videos to kind of expose what was going on in these classrooms and thank you for being your show and campus reform.org and they do a lot of important work for the liberal bias in the classroom. >> megyn: and todd starns called our attention to it who has done reporting on it at fnc. when you go to political science, i'm a political science major and have a vague

recognizance recollection what occurs. and they present matters in historical context and let you decide yourself what it meant and what particular event in history meant. that wasn't exactly how the bush v gore was. i want to play sound bite number three if we have that. >> >> does anybody challenge hip him on this stuff, tyler? >> it's hard there were not that many republicans or conservatives in the class and after you go into class and

he's making fun of what you believe and completely denigrating you, and completely being unfair, it's hard to speak up against him because i think a lot of students are intimidated and they don't want their grades to be retaliated against and i think that's really one of the reasons why speaking up against your professor and debating what they say and refuting them, it doesn't work because it doesn't change anything. >> megyn: the power imbalance is too pronounced in other words. and i know you waited until the semester was over. you were tape recording him with a button on your lapel. have you looked into whether that's been lawful. we have been talking about secret recordings and some states are two party consent and both taping consent and some parties are only one. >> yes, i've been working with a lawyer on this before i did any of this and he informed me that this isn't against school policy and that it's not against california law either. and we decided that this was

something that was worth exposing because this was kind of, he shouldn't be doing this and this is something worth being exposed. >> megyn: i know he may be thereini threatening you. and he claims he would have said all of this even if he had known you were recording him. he's a democratic operative, advising democratic candidates in california for years, which is fine, but you're not necessarily suppose today bring that bias into the classroom, but then he then says to fox news you may have violated the code of conduct by secretly taping him. do you expect retribution and that your professor is going to try to do something to you? >> i'm not really concerned. i don't think this is about me. i don't think that you can -- i don't think you can retaliate against me i exposed what he said. so if he really wants to stand by what he said, then, he can-- i mean, that's not him, not my fault for what he said.

and i'm not -- i'm completely confident in what i did and i don't regret what i did. i think it's an important cause and i really hope this inspires-- >> and we're losing the satellite window in 30 seconds. have you taken this up the line at the university? >> yes, the university was notified about this a week ago and i'm saunling they notified the professor then. i'm not sure. we gave them 24 hours to respond and they never did and we never got an official response from them so that's one of the reasons why we chose to go forward with promoting this through the media. >> megyn: and a lot of kids going through his class next semester and the one after that and doesn't see the world as he does. it's hard to stand up to the guy who has your grades especially if you have aspirations. tyler thank you for telling your story. >> appreciate me having you on your show. >> megyn: follow it on twitter, the latest example of the teachers in classes really, really pushing their

own world view down the throats of students who may or may not agree and it's tough to challenge. coming up we told you the story about the woman once known as hanoi jane, telling vets to quote, get a life. that's next. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time.

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>> the woman once referred to as hanoi jane referred to her role in the upcoming movie about nancy reagan, the butler. and some have called on to boycott it given her anti-american actions during the the vietnam war. fonda has a message for a navy vet leading the charge. trace? >> and the vets say there's no reason why the most liberal outspoken activist of the

1960's and '70s is playing the wife of a revered american conservative. so, what they've done, this navy veteran larry rand started his own facebook page, a campaign, if you will, called boycott hanoi jane playing nancy reagan. he says quoting here, when i heard she was going to play a wel wel well-liked highly respected president's wife it got to me. they knew by picking jane for the part they were going to stir up some stuff, i'm not a conservative or a liberal i'm an american, and that was a slap in the face. and join responded get a life. she says her performance has the approval of former first lady and fought to make sure that nancy reagan was presented in the movie respectfully and fonda time and again has apologized for

posing an anti-aircraft gun and she says she has no regrets at all about her comments against the vietnam war. the movie's a go and she's playing nancy reagan. >> megyn: wow, all right, trace, thank you. i want to tell our viewers we're getting reaction in from mother jones magazine to the breaking news that we just had for you about two men from the group called progress kentucky, allegedly being behind the tape recording, what they said was secret tape recording of senator mitch mcconnell in his campaign headquarters and what the magazine is saying about that right after this break. i'm here at my house on thanksgiving day,

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